DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 7537-03
9 August 2004

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 2004. 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 ooni en Lion of Lh~ ci Lire 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 in 1 September 1981 after five months of prior honorable service in the Army National Guard. You continued to serve without disciplinary incident until 3 September 1982 when you received nonjudicial punishment (NJP) for three periods of absence from your appointed place of duty, two specifications of disobedience, and disrespect. The punishment imposed was restriction and extra duty for 45 days, which was suspended for six months, and reduction to paygrade E-2. On 15 September 1982 the suspended punishment was vacated and on 16 September 1982 you received NJP for breaking restriction and disobedience. The punishment imposed was correctional custody for 30 days.

On 28 February 1983 you were convicted by summary court—martial (SCM) of absence from your appointed place of duty and three specifications of disobedience. You were sentenced to confinement at hard labor for 30 days, a $367 forfeiture of pay, and reduction to paygrade E-1.
On 28 May 1983 you were processed for an administrative separation by reason of misconduct due to a pattern of misconduct. Subsequently, the discharge authority directed discharge under other than honorable conditions, and on 21 June 1983 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service in the National Guard, period of good service in the Marine Corps, and your assertion that your misconduct resulted from being misled about your occupation in the Marine Corps. It also considered your assertion your that your discharge is posing a problem in obtaining employment with a police department. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct, which resulted in two NJPs and a court-martial conviction. Accordingly, your application has been denied.

		The names and votes of the members of the panel will be furnished upon request.

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 or other matter not previously considered by the Board. 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,

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