DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: $39-i1
21 October 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 18 October 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
injustice.
You enlisted in the Marine Corps on 5 August 1975 at age 17 and
served without disciplinary incident until 3 August 1976, when
you received nonjudicial punishment (NUP) for dereliction of.
duty.
During the period from 4 May to 1 November 1977 you received NJP
on three more occasions for absence from your appointed piace of
duty and three periods of unauthorized absence (UA) totalling 59
days. Shortly thereafter, on 5 January 1978, you were convicted
by summary court-martial (SCM) of a 24 day period of UA. You
were sentenced to reduction to paygrade E-1 and restriction for
60 days. On 1 February 1978 you again received NUP for breaking
restriction and absence from your appointed place of duty.
Your record-reflects that on 4 April 1978, after being charged by
civil authorities of grand theft auto, you were released on bail.
However, the record does not reflect the disciplinary action
taken by civil authorities for this misconduct. About three
months later, on 13 July 1978, you received your sixth NUP for
absence from your appointed place of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military and civilian authorities. On
9 November 1978 an administrative discharge board (ADB)
recommended an other than honorable discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military and civilian authorities. Your commanding officer,
im concurrence with the ADB, also recommended discharge under
other than honorable conditions. The discharge authority
approved the foregoing recommendations and on 11 January 1979 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion of a head injury. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct in both the military and civilian
communities. Finally, there ig no evidence in the record, and
you submitted none, to support your assertion. 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,
i
0. oar FERR
Executive r
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