DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8951-13
2 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 24 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 18 June 1980 at age 17. You received nonjudicial
“punishment (NJP) on five occasions for failure to go to your
appointed place of duty, two instances of misbehavior as a
sentinel, breaking restriction and unauthorized absence (UA)
from your unit for a period of 28 days. On 14 July 1982, you
were convicted by summary court-martial (SCM) of UA from your
unit for a period of two days, and failure to obey a lawful
regulation. You were notified of pending administrative
‘separation action by reason of misconduct due to a pattern of
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge board (ADB). On 16
December 1982, you received an other than honorable discharge
due to for misconduct (pattern of 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 five NUPs, an SCM and a period of UA totaling one
month. The Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. Accordingly, your application has been denied. The
;hames and votes of the members of the panel will be furnished
! upon request.
;rt 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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