DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5146-13
30 April 2014
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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.
You enlisted in the Marine Corps and began a period of active
duty on 28 May 1976. You served for about seven months without
disciplinary incident. However, during the period from 17
December 1976 to 16 May 1978, you received nonjudicial punishment
(NJP) on nine occasions for six periods of absence from your
appointed place of duty, three specifications of failure to obey
a lawful order, two specifications of disobedience, breaking
restriction, and breach of the peace.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After waiving
your procedural rights, your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 28 August 1978 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in nine NUPs.
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” reconsidet its decision upon submission of new and material
wevidendéeor”6tiiér 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.
ite.
Sincerely,
ROBERT D. Z2SALMAN
Acting Executive Director
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