‘DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8761-13
30 September 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 17 September 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 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 22 November 1976 at age 18. You received nonjudicial
punishment (NUP) on three occasions for lagging behind during unit
physical training (straggling) and three instances of unauthorized
absence (UA) from your unit for a period totaling 13 days. On
20 February 1979, you were in a UA status from your unit and
declared a deserter on 22 March 1979. On 23 August 1983, you were
notified by certified mail of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. You did not respond to the notification and waived
your procedural rights, including your right to an administrative
discharge board (ADB). On 1 February 1984, you were discharged in
absentia with an OTH characterization due to misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs and periods of UA that totaled over four
years. The Board noted that you waived your procedural right to
an ADB, your best opportunity for retention or a better
,characterization of service. Finally, there is no provision of
‘law or in Marine Corps regulations that allows for
wecharacterization of service due solely to the passage of time.
‘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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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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