DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4269-14
22 April 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
2 April 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 enlisted in the Marine Corps and began a period of active
duty on 31 May 1979. You served for two years and one month
without disciplinary incident, but during the period from
25 June 1981 to 21 May 1982, you received nonjudicial punishment
(NJP) on four occasions and were convicted by summary courts-
martial on two occasions. Your offenses were disrespect toward a
commissioned officer, failure to obey a lawful order, absence
from your appointed place of duty, insubordinate conduct toward a
noncommissioned officer, using disrespectful language toward a
commissioned officer, resisting apprehension and drunk and
disorderly conduct.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to frequent involvement at
which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, on
14 June 1982, you were so discharged.
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 your assertion of being
unable to get counseling assistance from your unit.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repeated misconduct. Further, you were given
an opportunity to defend your actions, but waived your procedural
rights. Finally, there is no evidence in the record, and you
provided none, to support your assertion.
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,
ROBERT J. O'NEILL
Executive Director
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