DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
TAL
Docket No: 4297-13
4 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 6 October 1982 at age 18. On 6 December 1983, you
received nonjudicial punishment (NUP) for two instances of
failure to go to your appointed place of duty, larceny of a base
vehicle sticker and failure to obey a lawful regulation. on 30
May 1984, you were convicted by special court-martial (SPCM) of
two instances of unauthorized absence (UA) from your unit for a
period totaling 33 days. The sentence imposed was confinement at
hard labor, and a forfeiture of pay. You received NJP on three
additional occasions for failure to go to your appointed place of
duty and two instances of UA from your unit for a period totaling
four days. You were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 28
November 1984, you received the other than honorable discharge
for misconduct (pattern of misconduct).
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 NJPs and an SPCM. The Board noted that you
waived the right to an ADB, your best opportunity for retention
or a better characterization of service. Finally, no discharge
is upgraded merely because of the passage of time or an
individual‘s good behavior after discharge. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be. furnished upon request. oo
The Board also noted that you should contact Headquarters, United
States Marine Corps, Code MMSB, 3280 Russell Road, Quantico, VA
22134-5103 to request that administrative corrections be made to
your Certificate of Discharge or Release from Active Duty (DD
Form 214) such as, but not inclusive of, your date of birth,
social security number, or record of service.
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,
TTR pee SN i
ROBERT D. SALMAN
Acting Executive Director
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