DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 7396-14
28 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 ina 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
7 July 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 31 May 1977. During the period from 23 February 1978 to
26 November 1981, you received six nonjudicial punishments (NUP)
for six periods of unauthorized absence. On 14 January 1982,
you were discharged with a general under honorable discharge.
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 six NJPs. The
Board concluded that your repeated misconduct outweighed your
desire to upgrade your discharge. Accordingly, your application
has been denied.
Additionally, it appears that the Department of Veteran Affairs
(DVA) has determined to rechararacterize your service as “other
than honorable” solely for their purposes. With that being
said, be advised that the Board has no authority to negate the
actions of the DVA, nor does it have any jurisdiction to change
their records.
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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