DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 1537-12
5 December 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 4 December 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 10 August 1979 at age 20 and
began a period of active duty on 17 September 1979-~ You served
without disciplinary incident until 28 October 1980 when you
received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty. The following year, during the period
from 19 August to 24 December 1981, you received NJP on three
more occasions for absence from your appointed place of duty,
disobedience by wrongfully possessing three bags of marijuana,
failure to obey a lawful order by wrongfully possessing a knife
with a four inch blade, and wrongful possession of marijuana.
On 19 January 1982 you were convicted by special court-martial
(SPCM) of larceny of personal property, specifically, a $200
stereo tuner. You were sentenced to confinement at hard labor
for five months, a $1,250 forfeiture of pay, and reduction to
paygrade E-1. Subsequently, you were processed for an
administrative separation by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
On 22 March 1982, after waiving your procedural right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB), your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature.
On 28 March 1992 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
15 April 1982 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge, character reference
letters, and the statement provided in support of your case
which explains the circumstances surrounding your misconduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in four NJPs and a court-martial conviction, and also
included drug abuse. 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,
bs wae
W. DEAN PFE
Executive DNe
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