DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5671-13
23 May 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 21 May 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 9 July 1982 at age 18. You received nonjudicial
punishment (NJP) on three occasions for two instances of failure
to go to your appointed place of duty, communicating a threat
and unauthorized absence (UA) from your unit for a period of
five days. On 20 January 1984, you were convicted by summary
court-martial (SCM) of failure to obey a lawful general
regulation and breaking restriction. After your first NUP, you
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. You were
notified of pending administrative separation action by reason
of misconduct due to a pattern of misconduct with an other than
honorable characterization of service. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 24 February 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 three NJPs and an SCM. 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.
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,
ett, fo
ROBERT D. ZSALMAN
Acting Executive Director
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