DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3288-12
21 February 2013
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 February 2013. 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 6 March 1972 and immediately
began a period of active duty. You served for about four months
without disciplinary incident, however, during the period from 10
July to 27 October 1972 you received nonjudicial punishment (NJP)
on six occasions and were convicted by summary court-martial
(SCM). Your offenses were three periods of unauthorized absence
(UA) totalling 28 days, four periods of absence from your
appointed place of duty, assault, and bribery.
On 22 February 1973 you received your seventh NJP for a two day
period of UA. Shortly thereafter, you were notified of pending
administrative separation by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
After consulting with legal counsel you elected your right to
present your case to an administrative discharge board (ADB). On
22 February 1973 an ADB recommended an other than honorable
discharge by reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. Subsequently,
your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of unfitness. On 9 March 1973 the discharge authority
approved these recommendations and directed your commanding
officer to issue you an other than honorable discharge by reason
of unfitness due to frequent involvement of a discreditable
nature with military authorities, and on 19 March 1973, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, assertion that your discharge was too harsh, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive and frequent misconduct which resulted in
seven NJPs and a court-martial conviction. 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.
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