DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 13341-10
18 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 March 2011. The names and votes of the
members of the panel will be furnished upon request.
Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your
naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
inj Gere.
You enlisted in the Marine Corps on 23 December 1971 at age 25
and served for about two years without disciplinary incident.
However, during the period from 10 January until 12 April 1974,
you received nonjudicial punishment (NUP) on six occasions. Your
offenses were two periods of absence from your appointed place of
duty, three specifications of dereliction of duty, Failure to
obey a lawful order, and two specifications of disobedience.
On 17 April 1974 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military or civilian
authorities. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
2 July 1974 an ADB recommended discharge under other than
honorable conditions by reason of unfitness due to the frequent
‘nvolvement of a discreditable nature with military authorities.
Subsequently, your commanding officer, in concurrence with the
ADB, also recommended discharge under other than honorable
conditions by reason of unfitness due to the frequent involvement
of a discreditable nature with military authorities. On 11 July
1974 the discharge authority approved these recommendations, and
on 16 July 1974 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your combat history, desire to upgrade your discharge, and
assertion of medical and mental problems which you believe you
should have received treatment. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your’discharge because of the seriousness
of your repetitive misconduct which resulted six NUPs. Further,
there is no evidence in the record, and you submitted none, to
support your assertion of medical or mental problems. Finally,
applicable directives state, in part, that even if a Marine is
processed for separation by reason of a medical or mental
condition, if the Marine meets the requirements of another reason
for separation, such as unfitness, the Marine will be separated
for the latter reason. Accordingly, your application has been
denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive D : ©
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