DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5074-14
6 May 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
5 May 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 Ehis
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 28 March 1979. During the period from 27 October 1980 to
15 February 1983, you received five nonjudicial punishments
(NUPs) and were convicted by two summary courts-martials (SCM’s).
Subsequently, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. After being
afforded all of your procedural rights, your case was forwarded
to the separation authority recommending that you receive an
other than honorable (OTH) discharge due to misconduct. On
29 April 1983, the separation authority concurred and directed an
OTH discharge by reason of misconduct. You were so discharged on
11 May 1983.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, desire to upgrade your discharge, and
post service medical issues. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your five NJP’s, and SCM convictions.
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.
Singepely,
OBERT J.
Executive Director
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