DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7Ot S. COURTHOUSE ROAD, SUITE tooi
ARLINGTON, VA 22204-2490
SIN
Docket No: 02653-13
2 April 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 1 April 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 30 April 1976. The Board found that during the period
from 27 September 1976 to 15 February 1977, you received five
nonjudicial punishments (NJP’s) for four periods of unauthorized
absence (UA) totaling 27 days, wrongfully altering a liberty
pass, being absent from your appointed place of duty, and
disobedience. Subsequently, on 17 February 1977, 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). Your case was forwarded recommending that
you receive an other than honorable (OTH) discharge. The record
shows that on 17 March 1977, the separation authority concurred
and directed Gischarge under OTH conditions by reason of
misconduct. However, on 4 May 1977, it appears you erroneously
received a general discharge on your Report of Separation from
Active Duty (DD Form 214). -
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 record of five NJP’s and the
fact that it appears you were erroneously given a general
discharge after it was directed that you receive an OTH.
Finally, the Board also noted that you waived an ADB, your best
chance 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,
TR QD
ROBERT D->’*ZSALMAN
Acting Executive Director
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