DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07448-1232
9 July 2013
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 25 June 2013. 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 21 June 1974. The Board found that during the period
from 1 February to 3 April 1975, you received four nonjudicial
punishments (NJP’s) for two instances of being absent from your
appointed place of duty, failure to go to your appointed place of
duty, breaking restriction and wrongful possession of marijuana.
On 10 May 1975, you were counseled regarding your frequent
involvement with military authorities and warned that further
misconduct could result in administrative discharge action. On
3 July and 18 August 1975, you received NUP for two periods of
unauthorized absence (UA) totaling 35 days. Subsequently, you
were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to an
administrative discharge board (ADB). The separation authority
directed discharge under other than honorable conditions by
reason of misconduct. You were so discharged on 15 October 1975.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, post service accomplishments, and
contention that racism contributed to your misconduct.
Nevertheless, the Board found that these factors and contention
were not sufficient to warrant any change in your discharge given
your six NUJP’s, two of which were after you were warned of the
consequences of further misconduct. The Board also noted that
you waived an ADB, your best chance for retention or a better
Characterization of service. Concerning your contention, there
is no evidence in the record to support it, and you submitted no
such evidence. 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,
Ly Doar,
W. DEAN PFETIL
Executive Di
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