DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7525-12
15 May 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 8 May 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 27 February 1976 at age 19. You were diagnosed with chronic
peptic ulcer disease, active duodenitis and mild reflux
esophagitis. You were assigned a disability rating of 20%. On
22 May 1978, the separation authority determined that you would be
discharged by reason of physical disability. On 14 June 1978, your
medical discharge was cancelled due to pending court-martial
charges and you were detained on active duty until completion of
disciplinary action. On 20 June 1978, you were in an unauthorized
absence (UA) status from your unit until you were apprehended by
civil authorities on 9 April 1979, a period of 293 days. On 9 May
1979, you were again UA from your unit. Om. 12 October 196s, you
were notified by certified mail of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived your procedural rights, including
your right to an administrative discharge board (ADB). On
1 February 1984, you received the OTH discharge for misconduct,
ending a 1,729 day period of UA.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in periods of UA totaling over five years and six
months. The Board noted that you waived your procedural right
to an ADB, your best opportunity for retention or a better
characterization of service. 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,
eed
Executive er
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