DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 4552-13
16 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 9 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 24 March 1976 at age 18. On 28 July 1976, you received
nonjudicial punishment (NJP) for unauthorized absence from your
unit for a period of 12 days. On 15 April 1977, you received
NJP for UA from your unit for a period of 32 days. On 21 April
1977, you were convicted in civil court of being an accessory
after the fact to robbery. The sentence imposed was $1,500 fine
and probation for two years. On 17 June 1977, you again
received NJP for two instances of failure to obey a lawful
general regulation, wrongful possession of marijuana and having
two open cans of beer while driving your vehicle. Based on the
information currently contained in your record it appears that
you were subsequently involuntarily processed for an
administrative separation by reason of misconduct (frequent
involvement). In connection with this processing, you would
have acknowledged the separation action and the separation
authority would have approved a recommendation for separation.
You waived your right to an administrative discharge board
(ADB). The record clearly shows that on 1 August 1977, you were
discharged with an other than honorable characterization of
service by reason of 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 and repetitiveness of
your misconduct that resulted in three NJPs and a civil
conviction. The Board noted that you waived the right to 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,
ROBERT D. ZSALMAN
Acting Executive Director
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