DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 5268-14
2 June 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. aA
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
13 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 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.
You enlisted in the Marine Corps and began a period of active
duty on 7 October 1977. You served for about nine months
without disciplinary incident, but during the period from
27 July 1978 to 29 October 1981, you received three nonjudicial
punishments (NJP), and were convicted by summary court-martial
(SCM) and special court-martial (SPCM). Your offenses were
wrongful possession of Marijuana, wrongful appropriation of an
8-track tape player, disrespect, failure to obey a lawful order,
failure to obey a general order, resisting arrest, assault,
drunk and disorder, drunk on duty, and failure to go to
appointed place of duty.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to frequent involvement
of a discreditable nature with military authorities. Although,
the documentation is not in your record, it appears you waived
your procedural rights. Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. The discharge authority approved
this recommendation and directed separation, and on 18 December
1981, 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. Nevertheless, based on
the information currently contained in your record, the Board
concluded these factors were not sufficient to warrant an
upgrade of your discharge given the seriousness of your
repetitive misconduct which resulted in three NJPs, SCM, and
SPCM. 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,
OBERT J. O'NEILL
Executive Director
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