DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 5727-00
26 February 2001
--
Dear
This is in reference to'yonr 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 13 February 2001.
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.
Your allegations of.error and
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.
Your record reflects that on 30 April 1973 you
The Board found you enlisted in the Marine Corps on 12 July 1972
at the age of 19.
received nonjudicial punishment (NJP) for a two day period of
unauthorized absence (UA) and were awarded a $50 forfeiture of
pay, which was suspended.
Your record further reflects that on 4 June 1976 you were . .
convicted by special court-martial (SPCM) of a 205 day period of
UA and disobedience.
labor for six months, a $1,050 forfeiture of pay, and reduction
to
February 1977, you were convicted by SPCM of a three day period
of UA and possession and transfer of marijuana.
sentenced to reduction to
confinement at hard labor for 75 days, and a bad conduct
discharge (BCD).
request for restoration to duty.
request was denied.
levels review, and on 25 May 1978 you were so discharged.
Subsequently, the BCD was approved at all
On 4 January 1978 you submitted a written
You were sentenced to confinement
athard
paygrade E-l.
Approximately seven months later, on 28
paygrade E-l, a $600 forfeiture of pay,
You were
However, on 23 March 1978, this
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contentions that you were
wrongfully convicted by court-martial on the charges of drug
possession, and that you are suffering with a service-connected
medical problem, specifically, problems with your feet.
the Board concluded these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your drug related misconduct and lengthy
period of UA.
evidencein your
record, and you submitted none, to support your contentions of a
wrongful conviction or a service-connected medical problem.
Further, the Board has no authority to consider contentions of
error in a court-martial, and must restrict its review to
clemency action on the sentence.
Accordingly, the Board
concluded that your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
The Board noted that there is no
However,
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,
2
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