DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                                                                   SJN
											Docket No: 03587-06
											 22 September 2006

This is in reference to your application for correction of your naval ire cud pursuant to the provision of Title 10 of the United States Code, section 1552.

A three- ember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 September 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulation ns 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, he Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice

You enlisted in the Marine Corps on 24 January 1979 at age 17. During t e period from 24 September 1980 to 6 April 1981 you were convicted by two summary court-martial’s (SCM’s) of four instance of unauthorized absence (UA) totaling 42 days and disrespect t. You also received nonjudicial punishment (NJP) for a two-day period of UA and were convicted by special court-martial (SPCM) o assaulting another Marine.

On 30 April 1981 you were notified of pending administrative separation n action by reason of misconduct due to frequent involvement of discreditable nature with military authorities. After be ng advised of your procedural rights, you waived the right to an administrative discharge board (ADB). On that same day, you commanding officer forwarded your case to the separation n authority recommending discharge under other than honorable conditions. You were so discharged on 10 October 1981.

The Board in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth , time in service, and numerous character reference letters s submitted on your behalf. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of the four disciplinary actions for misconduct that included UA’s totaling more than 30 days and assault u on a fellow Marine. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnish ed 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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