. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4244-13
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 26 March 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 March 1977 at age 17. You received nonjudicial
punishment (NJP) on four occasions for two instances of failure
to go to your appointed place of duty and two instances of
unauthorized absence (UA) from your unit for a period totaling
35 days. On 16 July 1980, you were convicted by special court-
Martial (SPCM) of UA from your unit for a period of 77 days.
The sentence imposed was confinement at hard labor. On 19
-January 1981, you were notified of pending administrative
separation processing with an other than honorable discharge
(OTH) due to misconduct (frequent involvement) . You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 7 April 1981, you
received the OTH for misconduct (frequent involvement).
The Board, in its review. of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NUPs, an SPCM and periods of UA totaling over
three months. The Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. Finally, there is no provision of law or in Marine
Corps regulations that allows for recharacterization of service
due. solely to the passage of time. 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,
ee oe
ROBERT D. ZSALMAN
Acting Executive Director
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