DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 02717-11
17 January 2012
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 13 January 2012. 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 and began active duty on 23
January 1974. On 15 April 1974, you were delivered to civilian
authorities in the state of New Jersey for charges of
contributing to the delinquency of a minor, breaking and |
entering, larceny, and possession of stolen property. On 11
June 1974, you received nonjudicial punishment (NUP) for being
in an unauthorized absence (UA) status for seven days. On 27
September 1974, you were convicted by a special court-martial
(SPCM) of being UA for 45 days. You were sentenced to a
forfeiture of $100, and confinement at hard labor for 45 days.
You commenced another period of UA from 2 December 1974 to 8
February 1975 that ended when you were apprehended by civilian
authorities. On 5 March 1975, you were again apprehended by
civilian authorities for assault with an offensive weapon. Your
commanding officer recommended you for administrative separation
due to misconduct. On 20 July 1975, you commenced a period of UA
that lasted 38 days. You requested to have your case heard by
an administrative discharge board (ADB). On 14 October 1975, an
ADB was convened and recommended that you receive an under other
than honorable (OTH) discharge due to misconduct and your
failure to properly disclose prior service civil involvement
that consisted of twelve arrests vice the two that you disclosed
on your in-processing paperwork. On 22 October 1975, the
discharge authority directed an OTH discharge by reason of
misconduct, specifically fraudulent enlistment. On 17 November
1975, you were discharged and received an OTH characterization
of service by reason of misconduct. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, due to your fraudulent
enlistment as well as your disciplinary record of one NUP, and
one conviction by a SPCM and arrests by civil authorities. You
are advised that an RE-4 reenlistment code is required when an
individual is discharged for misconduct and is not recommended
for retention. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
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,
W. DEAN P
F
Executive otlor
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