DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ,
TIR
Docket No: 7904-13
12 September 2014
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 26 August 2014. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed im 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 ail
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 on 2 November 1973 and
immediately began a period of active duty. You served without
disciplinary incident until 22 October 1974, when you received
nonjudicial punishment (NJP} for failure to obey a lawful order
and misbehavior as a sentinel.
During the period from 20 August 1976 to 18 October 1977 you
received NJP on three more occasions for three specifications of
. failure to obey a lawful order and two periods of unauthorized
absence (UA) totalling two days. You were also in a UA status
for a period of 105 days and declared a deserter. ,
On 24 October 1977 you began another period of UA. During this
period of UA you were processed for an administrative separation
by reason of misconduct. After waiving your procedural rights,
your commanding officer recommended discharge under other than _
honorable conditions by reason of misconduct. Subsequently, the
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct. On 1 February 1984, in absentia, you were so
discharged, thus terminating your 1,924 day period of UA.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion of being
_ exposed to radiation while serving during the Vietnam War.
& Nevertheless, thg@ Boards concluded these factors were not
* sufficient Co gype rant relief in your case because of the
* seriousness of* "your repetitive misconduct which resulted in four
NUPs and repeated lengthy periods of UA. Further, you were given
: an opportunity to defend your actions, but waived your procedural
‘rights. Finally, there is no evidence in the record, and you
submitted none, to support your assertion. 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 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,
ROBERT J. O'NEILL
Executive Director
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