DEPARTMENT OF THE NAVY
' BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1189-13
21 March 2014
- 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 18 March 2014. 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.
3 }
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
bo establish the existence of probable material error or
injustice.
-You enlisted’ in the Marine Corps and began a period of active
duty on 16 June 1977. You served for a year and six months —
without disciplinary incident, but during the period from 15 |
December 1978 to 15 January 1980, you received nonjudicial
punishment (NJP) on eight occasions. Your offenses were sleeping
on duty, three specifications of failure to obey a lawful order,
two specifications of disrespect, absence from your appointed
place of duty, missing the movement of your ship, misbehavior as
a sentinel, and two periods of unauthorized absence (UA)
totalling two days.
' Subsequently, you. were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After waiving
your procedural right to consult with legal counsel and to.
present your case to an administrative discharge board (ADB) your
-commanding officer recommended discharge under other than.
honorable conditions by reason of misconduct due to frequent |
involvement of a discreditable nature with military authorities.
ye
The discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by. reason of misconduct, and on 26 March 1980, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge
for the purposes of medical assistance, employment, and other
benefits. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
-eight NJPs. ‘ Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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,
© RS
ROBERT D. ZSALMAN
Acting Executive Director
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