DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
Cc 20370-5100
WASHINGTON D TJIR
Docket No: 7352-06
6 April 2007
This is in reference to your 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 3 April 2007. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 July 1965 at age 17. You
served for two years and six months without disciplinary
incident, but during the period from 26 January to 7 March 1968
you received nonjudicial punishment (NJP) on three occasions for
two specifications of dereliction of duty, failure to obey a
lawful order, disobedience, wrongful possession of a visitor’s
pass, and failure to go to your appointed place of duty. During
the period from 24 to 28 May 1968 you were in an unauthorized
absence (UA) status for four days. However, the record does not
reflect the disciplinary action taken, if any, for this
misconduct.
On 29 May 1968 you began another period of UA. During the period
from 24 October 1969 to 20 August 1970, while in a UA status, you
were convicted by civil authorities on three occasions for
larceny of a vehicle, receiving stolen goods, assault, battery,
malicious mischief, and carrying an unlicensed firearm. About
six months later, on 4 February 1971, the 972 day period of UA
was terminated when you were returned to military control.
On 26 March 1971 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended an undesirable discharge by reason of misconduct. On
8 April 1971 the discharge authority approved this recommendation
and directed an undesirable discharge, and on 16 April 1971 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of good service, post service conduct, and
assertion that your discharge was the result of marital and
family problems, drug and alcohol abuse, personal hardship, and
physical problems. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct in both the military and civilian communities, which
also resulted in three NJPs and three convictions. Further, the
Board noted that you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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,
\p
W. DEAN P
Executive Di
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