DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00958-12
3 December 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 29 November 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 9 March 1973. The Board found that you received eight
nonjudicial punishments (NJP’s) for dereliction of duty, and nine
periods of unauthorized absence, two of which totaled six days.
Subsequently, you were notified of pending administrative
Separation action by reason of unfitness. You elected to consult
counsel and have your case heard before an administrative
discharge board (ADB). On 30 April 1975, the ADB recommended an
undesirable discharge due to unfitness. On 6 May 1975, your
commanding officer concurred with the ADB’s findings and
forwarded his recommendation that you be discharged. On 8 May
1975, the separation authority directed an other than honorable
discharge. On 15 May 1975 you received an other than honorable
discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
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your eight NJP’s during war time. 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,
BRIAN J. GEORGE
Head, Discharge Section
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