DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 01416-13
15 January 2014
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 14 January 2014. 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 23 January 1976. The Board found that during the period
from 27 May 1976 to 22 November 1978, you received six
nonjudicial punishments (NJP‘s) for leaving your post before
being properly relieved, disobedience, two instances of being
absent from your appointed place of duty, and three periods of
unauthorized absence. Additionally, you were counseled regarding
your frequent involvement with military authorities after your
fourth NUP and warned that further misconduct could result in
administrative discharge action. On 13 March 1979, you were
convicted by civil authorities of six counts of breaking and
entering, and felonious larceny. You were sentenced to three to
five years in prison. Subsequently, administrative discharge
action was initiated by reason of misconduct due to civil
conviction. You were notified of this pending administrative
separation action, elected to consult counsel and have your case
heard by an administrative discharge board (ADB). On 19 July
1979, an ADB found that you had committed misconduct due to civil
conviction, and recommended that you receive an other than
honorable (OTH) discharge. Your case was forwarded and the
separation authority directed that you be separated with and OTH
discharge by reason of misconduct due to civil conviction. You
were so discharged on 8 August 1979.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your six NJP’s, civil conviction,
and ensuing incarceration for very serious offenses.
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,
TPES 5
ROBERT D. ZSALMAN
Acting Executive Director
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