DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 5626-14
10 July 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
5S June 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, began a period of active duty
on 21 May 1980, and served without disciplinary incident for
about four months. During the period from 29 September to
6 November 1980, you received two nonjudicial punishments (NJP)
for being absent from your appointed place of duty and a one day
period of unauthorized absence. On 28 November 1980, you were
honorably released from your initial tour of active duty
training. However, on 1 October 1981, you were administratively
reduced in paygrade for unsatisfactory drill attendance and on
23 December 1981, you were involuntarily transferred to the
Se EE ————————————————
individual ready reserve (IRR) for unsatisfactory participation
in reserve training. At that time, you were awarded a tentative
characterization of service as under honorable conditions. On
19 April 1986, upon completion of your military obligation, you
received a general discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
The Board also considered your assertions that you were never
written up under Article 15 and that you were verbally
discharged and then transferred to the IRR. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge, given your misconduct
which resulted in two NJPs and unsatisfactory participation in
reserve training. In regard to your assertions, the record
shows that your reduction in paygrade was an administrative
reduction, not an Article 15 punitive reduction. Further, there
is documented evidence in your record that directed your
involuntary transfer to the IRR. 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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