- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 7965-13
12 September 2014
This ig 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 3 September 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 enlisted in the Marine Corps and began a period of active
duty on 12 January 1983. You served for about three months
without disciplinary incident, but during the period from 12
March 1983 to 2 October 1985, you received nonjudicial punishment
(NIP) on five occasions for sleeping on post, failure to go to
your appointed place of duty, disobedience, breaking restriction,
and a nine day period of unauthorized absence (UA).
Your record reflects that during the period from January 1984 to
July 1985, you were seen by medical personnel on several
occasions after complaining of back and knee pain and sore
shoulders, which resulted from you shoveling snow, skiing, being
in the cold too long, falling on cement, and “horse-playing.”
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct. After
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due a pattern of misconduct. On 21 October
1985, the discharge authority approved this recommendation and
directed separation under other than honorable conditions by
reason of misconduct, and on 25 October 1985, you were so
discharged.
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 that your
; separation was due to ihaving back pain. Nevertheless, the Board
concluded these factor§ were not sufficient to warrant relief in
your case because of the seriousness of your repetitive
misconduct which resulted in five NJPs. There is evidence in
your record which is contrary to your assertion. Finally, you
were given an opportunity to defend your actions, but waived your
procedural rights. 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.
Sincegrely
ROBERT J. O’ NEILL
Executive Director
NAVY | BCNR | CY2013 | NR3141-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR
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