DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3589-13
20 February 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 19. February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
“You enlisted in the Marine Corps and entered a period of active
duty on 28 March 1972. You received nonjudicial punishment on
four occasions and were convicted by two summary courts-martial.
Your offenses included quitting your post before being properly
relieved, three periods of unauthorized absence totaling five
_. days, absence from your appointed place of duty (two instances),
disobeying a lawful order (two instances), failure to go to your
appointed place of duty (five instances), and breaking
restriction. You were then advised that your command was
administratively separating you with an other than honorable
(OTH) characterization of service due to unfitness. You waived
your procedural right to an administrative discharge board
(ADB). On 16 November 1973, you received an OTH
characterization of service discharge due to unfitness, and were
assigned an RE-4 (not recommended for retention) reenlistment
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, remorse, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your numerous acts of misconduct. The Board
noted that you waived the right to an ADB, your best opportunity -
for retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
to the passage of time or post service good conduct. In view of
the above, 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,
Te D i fo .
ty .
ROBERT D. ZSALMAN
Acting Executive Director
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