DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SIN
Docket No: 04125-13
14 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 7 May 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 28 February 1980. The Board found that you were
convicted by two summary courts-martial (SCM) of two
specifications of violating a general article and wrongful
possession of marijuana. On 4 November 1981, you received
nonjudicial punishment (NJP) for nine instances of failing to go
to your appointed place of duty (barracks security watch}. Your
record does not contain all of the documents pertaining to your
discharge. However, it appears that 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, it
appears you waived the right to an administrative discharge board
(ADB) and the separation authority directed discharge under other
than honorable conditions by reason of misconduct. You were so
discharged on 16 December 1981.
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 two SCM’s and NUP. The Board
also noted that it appears 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,
0
ROBERT. D. 2SALMAN
Acting Executive Director
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