DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 7720-13
20 August 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. Your previous case, docket
number 7895-02, was denied on 10 June 2003.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 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, and the Board’s file on your prior
case. The Board also considered the two reports of the Naval
Discharge Review Board dated 16 May 1977 and 3 June 1981, copies
of which are attached.
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.
You enlisted in the Marine Corps and began a period of active
duty on 8 May 1974. You received nonjudicial punishment on five
occasions and were convicted by a special court-martial {SPCM) .
Your offenses included disrespect (two instances), absence from
your appointed place of duty, assault (three instances), and
failure to obey a lawful order. You were then notified that
your command was processing you for administrative separation
with an other than honorable (OTH) characterization of service
due to misconduct. You waived your right to an administrative
discharge board (ADB). On 26 March 1976, you received the OTH
characterization of service due to misconduct, and were assigned
and RE-4 (not recommended for retention) reenlistment code.
The Board considered all potentially mitigating factors, such as
your youth, character reference letters, and post service good
conduct. However, the Board concluded that your discharge
upgraded. In view of the above, the Board voted to again deny
relief. 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. 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
Acting Executive Director
Enclosures
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