DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2490
Ay
States OF
TIR
Docket No: 6082-13
26 June 2014
SRR
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 24 June 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 reenlisted in the Marine Corps on 17 September 1985 after six
years of prior satisfactory service. You continued to serve for
about two years and seven months without disciplinary incident,
but during the period from 9 December 1987 to 5 March 1988, you
received nonjudicial punishment (NJP) on three occasions for
three periods of unauthorized absence (UA) totalling 27 days and
two periods of absence from your appointed place of duty.
‘
Subsequently, you were processed for an administrative separation
by reason of misconduct due to minor disciplinary infractions.
After waiving your procedural rights, on 23 March 1988, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to minor
disciplinary infractions. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 15 April 1988, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, desire to upgrade your
discharge, and assertion of not being afforded proper legal
representation. It also considered your request for copies of
documents contained in your naval record. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in three NUPs. Further, you
were given an opportunity to defend your actions, but waived your
procedural right. Finally, there is documented evidence in the
record which is contrary to your assertion of not being afforded
proper and/or adequate legal representation. Accordingly, your
application has been denied.
Regarding your request for documents contained in your naval
record, you may obtain a complete copy of your record by _
submitting the enclosed Request Pertaining to Military Records,
SF 180, to National Personnel Records Center (Military Personnel
Records), 9700 Page Boulevard, St. Louis, MO 63132.
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,
RD Am
ROBERT D. SALMAN
Acting Executive Director
Enclosure
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