DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 692-12
31 October 2012
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 24 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 25 November 1975 at age 17. You received nonjudicial
puhishment (NJP) on two occasions for unauthorized absence (UA)
from your unit for a period of 13 days and three instances of
failure to obey a lawful order. On 22 November 1977, you were
convicted by special court-martial (SPCM) of UA from your unit
for a period of 87 days. The sentence imposed was confinement
for two months, and a forfeiture of pay. On 12 January 1978,
you were counseled concerning your poor performance and attitude
and the possibility of a recommendation for expeditious
discharge. Consequently, you were discharged due to convenience
of the government (expeditious discharge) with a general
characterization. At that time you were assigned an RE-4
reenlistment code, which means that you were neither recommended
nor eligible for reenlistment.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant a change to you
reenlistment code given the seriousness of your misconduct that
resulted in two NJPs and a SPCM conviction. The Board also
believed that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when a Marine has committed misconduct. 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,
RD FR
ROBERT D. ZSALMAN
Acting Executive Director
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