DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1330-11
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 2 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 ali
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 11 May 1972 at age 18. You
served for nearly a year without disciplinary incident, but
during the period from 4 May to 5 December 1973 you received
nonjudicial punishment (NIP) on three occasions for two
specifications of wrongfully exposing yourself and urinating on
the deck, a seven day period of unauthorized absence (UA), and
two specifications of failure to obey a lawful order. On 10
January 1974 you were convicted by summary court-martial (SCM) of
two specifications of disrespect, contempt, and three
specifications of disobedience.
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 27 March 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 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 three NJPs 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 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.
Consequentiy, 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,
Lo Qeangite
W. DEAN PF
Executive D tor
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