DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 2589-13
4 February 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 4 February 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.
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 19 December 1979. You served for about a year without
disciplinary incident, but during the period from 27 January 1981
to 22 January 1982 you received nonjudicial punishment (NJP) on
five occasions for inhaling lighter fluid with the intent to get
intoxicated, two specifications of failure to obey a lawful
order, disrespect, wrongful use of marijuana, drinking on duty,
and a five day period of unauthorized absence (UA).
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to commission of a serious offense. The
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct, and on 5 February 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of self-
medicating due solely to injuring your back. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in five NdUPs and
included drug abuse. Further, you were given an opportunity to
defend your actions, but waived your procedural right. The Board
further considered your assertion that you received a Good
Conduct Medal... However, be advised that there is no
documentation in your record which supports the premise that you
completed a four year term of service without disciplinary
incident/infraction which would entitle you to a Good Conduct.
Medal. With that being said, the notation on your Certificate of
Discharge or Release from Active Duty (DD Form 214) does not show
that you received a Good Conduct Medal, but only sets forth the
starting date for the next period of the award. 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,
ROBERT D. 4ASALMAN
Acting Executive Director
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