DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No: 00780-03
24 July 2003
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 July 2003. 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, and applicable statutes, regulations and
policies. The Board was unable to obtain your official record,
and conducted its review based on the copies of the record that
you submitted.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 15 June
1967, after four years of active service in the Navy. During the
period 7 December 1968 through 3 December 1969, you received
three nonjudicial punishments (NJPs) for a nine-day period of
unauthorized absence, wearing an improper uniform, wrongful
possession of an identification card with the intent to deceive,
wrongful possession of a liberty card, and drunk and disorderly
conduct.
On 23 March 1970 you were convicted in civil court of drug
possession, and sentenced to 53 days of confinement that had
already been served. On 5 June 1970 the commanding officer
recommended an undesirable discharge by reason of unfitness due
to the civil conviction. However, the Irrunediate superior in the
chain of command (ISIC) returned the request for further
documentation. On 24 July 1970 you were convicted by summary
court martial (SCM) of a 49-day period of unauthorized absence
and sentenced to one month of confinement at hard labor and a
reduction in paygrade to E-1. On 31 August 1970 the commanding
officer again recommended an undesirable discharge by reason of
unfitness due to civil conviction. On 14 September 1970 the
staff judge advocate returned the request for discharge for
further documentation of your civil conviction.
On 6 November 1970 you were again notified of administrative
separation processing at which time you elected to retain all
your rights. On 1 December 1970 your commanding officer
recommended an undesirable discharge by reason of unfitness due
to civil conviction. On 16 December 1970, an administrative
discharge board (ADB) recommended a general discharge by reason
of unfitness due to the civil conviction. On 30 December 1970
the staff judge advocate determined that the case was sufficient
in law and fact. On 11 January 1971 the separation authority
directed a general discharge and on 15 January 1970 you were so
discharged.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your prior honorable
service, combat service in Vietnam, and the length of time that
has passed since you were discharged from the Marine Corps. The
Board specifically noted that you were awarded the Purple Heart
and Combat Action Ribbon for your service in Vietnam. However,
the Board found that these factors were not sufficient to
warrant recharacterization of your discharge given your
misconduct that resulted in three NJPs, a SCM conviction for a
lengthy period of unauthorized absence, and the civil conviction
for drug possession. 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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