DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS ,
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 8881-13
1 October 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 30 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 24 October 1973. The Board found that during the period
from 4 April 1975 to 14 March 1976, you received four nonjudicial
punishments (NJP’s) for two instances of disobedience, making a
false official statement, four periods of unauthorized absence
(UA) totaling 11 days, and dereliction of duty. On 17 November
1976, you were convicted by special court-martial (SPCM) of three
specifications of being absent from your appointed place of duty,
21 days of UA, and two specifications of disobedience. You were
sentenced to confinement at hard labor. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement, or have your case
heard by an administrative discharge board (ADB). On
3 January 1977, you received a fifth NUP for being absent from
your appointed place of duty. On 26 January 1977, your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
separation authority concurred and directed an OTH discharge by
reason of misconduct. You were so discharged on 24 February
1977.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
» recharacterigatéon of your discharge given your five NUP's, one
“Lot which was after you were notified you were being
‘administratively separated from the service, and SPCM conviction
of serious offenses. The Board also noted that you waived the
-right to an ADB, your best chance for retention or a better
characterization of service. 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,
OBERT J. O'NEILL
. Executive Director
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