DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 701 S. COURTHOUSE ROAD, SUITE 1001
' ARLINGTON, VA 22204-2490 —
TJIR ‘
Docket No: 4547-13
29 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 April 2014. The names and votes of the
members of the panel will be furnished upon request. 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. e 9 .
You enlisted in the Marine Corps and began a period of active
duty on 6 October 1972. You served for about a year without
disciplinary infraction, however, during the period from: 16
October 1973 to 30 December 1974 you were in an unauthorized
absence (UA) status, declared a-deserter, and apprehended by
civil authorities. The record reflects that these charges were
referred for a colrt-martial. “Nonetheless, the record does not
contain the disciplinary action taken-for this misconduct.
‘ 4 ee "3 , =
On 23 January 1975 you received nonjudicial punishment (NJP) for
a one day period of UA and-absence from your appointed place of
duty. -Shortly thereafter, on-16 March 1s75, you were convicted
by civil authorities of second degree burglary and sentenced to
confinement. As a result; you' were notified of administrative
separation by reason'of misconduct due’'to civil conviction.
After consulting with legal- counsel, you elected to present your
case to an administrative discharge board {ADB). On 19 February
1376 an ADB recommended separation under other than honorable
conditions by reason of misconduct due to civil conviction.
Subsequently, your commanding officer, in concurrence with the
ADB, also recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction. On
26 February 1376 the discharge authority approved these
recommendations and directed discharge under other than honorable
conditions by reason of misconduct, and on 11 March 1976 you were
so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of having
family problems that resulted in confinement. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your repetitive
misconduct in both the military and civilian communities.
Further, the Board noted that although you were referred toa
court-martial, however, it was not awarded, and you were
administratively processed for discharge under other than
honorable conditions. Finally, there is no evidence in the
record, and you provided none, to support your assertion.
Accordingly, your application has been denied.
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,
OS
ROBERT D. ZSALMAN
Acting Executive Director
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