DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3596-12
21 February 2013
This is in reference te 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 1 May 1975 and immediately
began a period of active duty. You served without disciplinary
incident until 26 August 1977 when you received nonjudicial
punishment (NJP) for absence from your appointed place of duty.
About seven months later, on 1 March 1977, you received NUP for
failure to obey a lawful order: On 8 August 1977 you received
your third NJP for disobedience.
On 7 February 1978 you were convicted by special court-martial
(SPCM) of a 32 day period of unauthorized absence (UA), two
specifications of disrespect, disobedience, using provoking
speech, assault, drunk and disorderly conduct, and two
specifications of breach of peace.
In May 1978 you were transferred to the Marine Corps Reserve
under honorable conditions. On 25 May 1978, upon the expiration
of your enlistment, you were issued a general discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, assertion of alcoholism, and desire to upgrade the
characterization of your general discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct which resulted in three NJPs and an SPCM. Finally,
Marines with an extensive record of misconduct, such as yours,
normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general characterization of service. 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,
LS Donk ,
W. DEAN AOD
Executive Di Oo
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