DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1612-14
6 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
25 February 2015. 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 reenlisted in the Marine Corps and began a period of active
duty on 25 July 1985. You served for a year without disciplinary
incident, but during the period from 29 July 1986 to 4 August
1970, you received nonjudicial punishment (NJP) on three
occasions and were convicted by summary court-martial. Your
offenses were larceny, and willfully disobeying a commissioned
officer.
Based on the information currently contained in your record it
appears that you were subsequently processed for separation by
reason of misconduct (pattern of misconduct). In connection with
this processing, you would have acknowledged the separation
action and the discharge authority would have approved a
recommendation for separation. The record clearly shows that on
14 August 1987, you were discharged with an other than honorable
separation by reason of misconduct (pattern of misconduct).
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 you did
not commit any of the offenses. Nevertheless, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. Regarding your assertion, the Board noted that
there is no evidence in the record and you submitted none.
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 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,
MA Muaa/
ROBERT J. O'NEILL
Executive Director
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