DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00177-12
18 October 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 16 October 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 a period of active
duty on 21 March 1973. The Board found that during the period
from 18 June 1973 to 19 November 1974, you received eight
nonjudicial punishments (NJP’s) for six instances of
disobedience, three periods of unauthorized absence (UA) totaling
14 days, assault, three instances of failing to go to your
appointed place of duty, dereliction of duty, and leaving your
appointed place of duty. You were also convicted by civil
authorities of assault and sentenced to two days in jail. You
were also convicted by special court-martial (SPCM) of 82 days of
UA. You were sentenced to restriction, hard labor, and a
forfeiture of pay. On 23 November 1974, you began a period of
UA. You remained in a UA status until 20 March 1975, when you
were apprehended by civil authorities for second degree murder
and armed robbery. You were convicted and sentenced to 30 to 40
years in jail. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. Although the record is incomplete, it appears that
after being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). Your case was
forwarded and the separation authority directed discharge under
other than honorable conditions by reason of misconduct. You
were so discharged on 15 August 1975.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
current desire for veterans’ benefits. Nevertheless, the Board
found that these factors were not sufficient to warrant any
change in your discharge given your eight NJP’s, SPCM and
convictions by civil authorities of very serious offenses. The
Board also noted that it appears you waived an ADB, your best
chance for retention or a better characterization of service.
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,
ROBERT D. SALMAN
Acting Executive Director
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