DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 6853-14
28 July 2015
This 18 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 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 and began a period of active
duty on 21 August 1979. During the period from 16 February 1981
to 8 June 1982, you received four nonjudicial punishments (NUP)
for two periods of unauthorized absence, one specification each
of failure to obey a lawful order, larceny, sale of stolen
property, and possession of marijuana. On 19 July 1982, you
consulted with counsel and waived your right to an
administrative discharge board. The commanding officer
recommended discharge under other than honorable (OTH)
conditions by reason of pattern of misconduct. On 28 July 1982,
the separation authority concurred and directed an OTH discharge
by reason of pattern of misconduct. You were so discharged on
20 August 1982.
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, the Board
concluded this factor was not sufficient to warrant
recharacterization of your discharge given your four NJPs. The
Board concluded that the severity of the repeated misconduct
outweighed your desire to upgrade your discharge. 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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