DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10601
ARLINGTON, VA 22204-2490
CRS
Docket No: 6061-13
8 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 26 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or. injustice.
The Board found that you enlisted in the Marine Corps on 29
April 1980. You received nonjudicial punishment and were
convicted by a special court-martial of two periods of
unauthorized absence totaling 664 days, having unclean gear, and
disobedience of a lawful order.
On 29 August 1983 your commanding officer recommended that you
be separated with a discharge under other than honorable
conditions by reason of misconduct due to a-pattern of
misconduct. After review by the discharge authority, the
recommendation for separation was approved and on 2 September
1983 you were separated with a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth, personal
problems, and the unsubstantiated contention that you received a
general discharge. The Board concluded that these factors were
insufficient to warrant an upgrade of your discharge, given the
lengthy period of your unauthorized absences. 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,
Tek S),
ROBERT D. SALMAN
Acting Executive Director
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