DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket Wo: 1159-11
8 November 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 1 November 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 26 August 1980 at age 17.
You served for a year and four months without disciplinary
incident, but during the period from 11 January to 18 March 1982
“you received nonjudicial punishment (NJP) on two occasions and
were convicted by summary court-martial (SCM). Your offenses
were a four day period of unauthorized absence (UA), breaking
restriction, and failure to go to 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 authorities. After waiving
your procedural rights, the discharge authority directed
discharge under other than honorable conditions by reason of
misconduct, and on 10 September 1982, you were so discharged.
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. 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 in two NUJPs and a
SCM. Finally, you were given an opportunity to defend yourself
and perhaps receive a better characterization of service, but
waived your procedural right to legal counsel and to present your
case to an administrative discharge board. 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 entitied 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,
We Nea "
Executive Dwr r
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