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NAVY | BCNR | CY2003 | 02255-03
Original file (02255-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
                                                                                          Docket No: 02255-03
                                                                                          25 August 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 20 Aug 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, 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.

The Board found that you enlisted in the Marine Corps on 16 July 1977 at age 19. On 19 January 1978, you received nonjudicial punishment (NJP) for a brief period of unauthorized absence and were awarded a forfeiture of pay, restriction, and extra duty. A portion of the punishment was suspended. On 15 February 1978, you were counseled concerning your deficiencies in performance and conduct. On 12 April 1978, you received a second NJP for a six-day period of unauthorized absence and were awarded a forfeiture of pay, restriction, and extra duty. Further, the suspended portion of the punishment from the previous NJP was vacated. On 19 April 1978, you received a third NJP for absence from your appointed place of duty, and were awarded a forfeiture of pay, restriction, and extra duty. On 24 April 1978, you were counseled again concerning your substandard performance and conduct.

On 26 May 1978, you were convicted by special èourt martial (SPCM) of two instances of possession of marijuana and theft. You were awarded confinement at hard labor for 75 days,
forfeiture of pay for six months, and a bad conduct discharge
(BCD).

On 19 June 1978, a psychiatric evaluation determined that you were not psychotic, neurotic, or suicidal. It further stated that you were unmotivated f or future service and would get into trouble if returned to duty. On 20 June 1978 you waived the right to request restoration to duty and requested execution of the discharge adjudged by the SPCM. On 28 July 1978, you were granted leave pending appellate review, on 8 January 1979, you were discharged with a BCD.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, and the length of time that has passed since you were discharged from the Marine Corps. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct, including two instances of drug possession, that resulted in three NJPs and a SPCM. 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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