DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1521-12
27 November 2012
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 20 November 2012. 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 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 on 24 September 1974 at age 18
and began a period of recruit training. The record reflects that
you served for less than a month before you received nonjudicial
punishment (NJP) on two occasions for two specifications of
disobedience and four specifications of disrespect.
Subsequently, you were administratively processed for separation
by reason of unfitness due to frequent involvement of a
Aiscreditable nature with military authorities. After waiving
your procedural rights to consult with legal counsel and to
present your case to an administrative discharge board (ADB) the
commanding officer recommended discharge under other than
honorable conditions by reason of unfitness. On 4 December 1974
the discharge authority approved this recommendation and directed
an undesirable discharge by reason of unfitness, and on 6
December 1974, you were so discharged.
On 14 April 1993 this Board changed the characterization of your
service and issued you a general discharge by reason of unfitness
based, in part, on a change in policy regarding discharges for
recruit failures and the belief that an undesirable discharge for
failure to complete recruit training was unduly harsh.
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 general discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant further recharacterization of your
discharge because of your misconduct which resulted in two NJPs
Further, the Board noted that you were properly separated by
reason of unfitness and that it recharacterized your service to
general under honorable conditions. As such, the Board concluded
that you were fortunate to receive a general discharge.
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.
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,
Cn Deore
BRIAN J. GEORGE
Head, Discharge Review Section
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