. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 6006-05
"22 November 2006
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 15 November 2006. 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 5 March
1968. The record reflects that you received four nonjudicial
punishments (NJP’s). The offenses included unauthorized absences
totaling three days, failure to obey a lawful: order on two
occasions, absence from your appointed place of duty on two
occasions, disrespect, violation of a lawful general regulation,
underage drinking, drinking. during working hours, and possession
of an altered identification card. ;
A report from the Federal Bureau. of Investigation implicated you
in the possession of drugs, and possession of drugs for sale.
On 13 January 1970 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness due to drug abuse. After review ‘by the discharge
authority, the recommendation for separation was approved and you
were discharged on 26 February 1970 with an undesirable
discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and belief
that the discharge would be upgraded in six months.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
your involvement in drug abuse and the four NJP’s. In this
regard, no law or regulation provides for upgrading a discharge
based solely on the passage of time. Based on the foregoing, the
Board concluded that no change to the discharge is warranted.
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,
W. DEAN PF
Executive Dir
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