DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00670-1L1
27 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 26 October 2011. Your allegations of error and
injustice were reviewed in acecor@ance 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, reguiations,
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
injustice.
You enlisted in the Marine Corps on 10 February 1976, at the age
of 18. On 5 July 1976, you received nonjudicial punishment (NUP)
for disobeying a lawful written order on two occasions. On 2
September 1976, you received NUP for sleeping on watch. On 20
September 1976, you received NUP for being absent from your
appointed place of duty, being in an unauthorized absence (UA)
status for one day, and failing to sign restriction documents.
On 12 November 1976, you received counseling concerning your poor
attitude, lack of motivation, poor personal appearance,
unsatisfactory conduct and poor performance of duties. Between
28 April and 13 September 1977, you were UA a total of 91 days.
On 14 September 1977, you submitted a request for a good of the
service discharge in order to avoid trial by court-martial for
the periods of UA. Prior to submitting this request for
discharge, you conferred with a qualified military lawyer, were
advised of your rights, and were warned of the probable adverse
consequences of accepting such a discharge. On 30 September
1977, your request for discharge was granted. However, your
misconduct continued and on 16 April 1978, you received NUP for
two incidents of sleeping on watch. On 15 May 1978, you received
a general discharge for unsuitability.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct, and request for
discharge. The Board believed that considerable clemency was
extended to you when your request for discharge was approved.
The Board also concluded that you received the benefit of your
bargain with the Marine Corps when your request for discharge was
granted and should not be permitted to change it now. Further,
you are advised that there is no provision in the law or Navy
regulations that allows for recharacterization of your discharge
automatically due solely to the passage of time. The Board found
that you were fortunate to receive a general discharge, since a
discharge under other than honorable conditions is normally
directed in cases such as yours. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
| mo:
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Roard 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,
\A yP
We
W. DEAN E
Executiv irecbor
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