DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04009-13
1 May 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 30 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 2 April 1975. The Board found that during the period
from 24 September 1975 to 3 September 1976, you received three
nonjudicial punishments (NJP’s) for disobedience, sleeping on
post, and two instances of being absent from your appointed place
of duty. On 13 October 1976, you were convicted by special
court-martial (SPCM} of being absent from your appointed place of
Guty, disobedience, use of disrespectful language, and sleeping
on post. You were sentenced to a forfeiture of pay, confinement
at hard labor, and a reduction in paygrade. On 16 November 1976,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You elected to
consult counsel and have your case heard before an administrative
discharge board (ADB). On 11 January and 10 June 1977, you
received NUP for wrongful possession of marijuana, disobedience,
and unauthorized absence. On 24 June 1977, the ADB recommended
separation with an other than honorable (OTH) discharge by reason
of misconduct due to a pattern of misconduct. On 12 October
1977, your commanding officer concurred with the ADB's findings
and forwarded his recommendation that you be discharged. The
separation authority concurred and directed an OTH discharge by
reason of misconduct. On 25 October 1977 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your five NJP’s, two
of which were after you were notified that you were being
administratively separated from the Marine Corps, and SPCM
conviction. 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,
eae D, fe
ROBERT D. 4ASALMAN
Acting Executive Director
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