DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TR&
Docket No:
29 August 2003
1759-03
-..
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Your allegations of error and
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 26 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 that the evidence submitted'was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 24 March 1969 at age 18.
satisfactorily completed initial training and in December 1969
reported to your unit in Vietnam.
to 29 September 1970, you received nonjudicial punishment on
three occasions and were convicted by a summary court-martial.
Your offenses were three
about 12 days, two instances of missing
and breaking restraint.
Based on the foregoing record, you were
administrative discharge.
discharge board recommended that you be
with an undesirable discharge.
authority approved the recommendation for discharge.
received the undesirable discharge on 3 February 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as youth, limited education
and low score on the aptitude test.
your contention that drug addiction contributed to your
misconduct.
You
During the period 15 June 1970
oeriods of unauthorized absence totaling
the movement of your unit
However, the Board found that these factors and
On 5 January 1971 an administrative
processed for an
discharged for unfitness
After review, the discharge
You
The Board also considered
There is no evidence in the record, and you
contentions were not sufficient to warrant recharacterization of
your discharge given your repeated misconduct that occurred while
you were in Vietnam.
have submitted none, to support your contention that you were
addicted to drugs while in the Marine Corps or that drug
addiction would excuse or sufficiently mitigate your misconduct.
The Board concluded that the discharge was proper as issued and
no change is warranted.
Accordingly, your application has been denied.
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.
The names and
Sincerely,
2
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