DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SION
Docket No: 8886-13
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 4 March 1982. The Board found that your record is
incomplete. However, your service records show that you received
two nonjudiciai punishments (NJP’s) and were convicted by summary
court-martial (SCM) of four specifications of failing to go to
your appointed place of duty. You were sentenced to a reduction
in paygrade, confinement at hard labor, and a forfeiture of pay.
Subsequently, administrative separation action was initiated to
separate you by reason of misconduct due to minor disciplinary
infractions. After being afforded all of your procedural rights,
you received an other than honorable discharged on 18 December
1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s and SCM
conviction. 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
7evidence within one year from the date of the Board's decision.
, New evidence is evidence not previously considered by the Board
fprior 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. ONETLL
Executive Director
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