DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5638-12
22 March 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 March 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 and began a period of active
duty on 27 August 1981 at age 19. You received nonjudicial
punishment (NJP) on four occasions for two instances of failure
to obey a lawful order, failure to go to your appointed place of
duty, insubordinate conduct toward a commissioned officer, and
breaking restriction. On 14 October 1983, you were convicted by
summary court-martial (SCM) of breaking restriction, and
insubordinate conduct toward a superior noncommissioned officer.
Based on the information currently contained in your record it
appears that you were subsequently processed for administrative
separation due to misconduct. In connection with this
processing, you were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct (minor disciplinary infractions).
You would have consulted with legal counsel, and elected to
present your case to an administrative discharge board (ADB).
Subsequently the ADB found that you committed misconduct and
recommended that you be separated with an OTH discharge. The
record clearly shows that on 20 December 1983, you were
discharged with an OTH discharge (minor disciplinary
infractions) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in four NUJPs and a SCM.
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,
ROBERT D. ZSALMAN
Acting Executive Director
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