DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 7094-14
5 August 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
23 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 22 July 1977, and served without disciplinary incident for
about one year and nine months. However, during the period from
5 May 1979 to 1 July 1980, you received six nonjudicial
punishments (NJP) for unauthorized absence, being absent from
your appointed place of duty, violation of a lawful order, and
sleeping while on security watch. During the period from
13 July 1979 to 26 August 1980, you also received seven formal
counselings for unsatisfactory health habits, frequent
involvement with military and civilian authorities, repeated
involvement in actions of a discreditable nature, and for your
permanent decertification for assignment to a reliability
billet. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement. At that time you elected to waive your
procedural rights. Your case was forwarded, recommending
discharge under other than honorable (OTH) conditions by reason
of misconduct due to frequent involvement. The separation
authority approved the recommendation and directed an OTH
discharge. On 23 January 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 record of service and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your misconduct which resulted in repeated
counselings and six NJPs for multiple violations of the Uniform
Code of Military Justice. 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.
OBERT J. O’NEILL
Executive Director
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