DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 144-07
28 January 2008
em :
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 9 January 2008. 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 15
December 1969. The record reflects that you received four
nonjudicial punishments and were convicted by three summary
courts-martial. The offenses included unauthorized absences,
larceny, failure to obey a lawful order, and dereliction of duty.
On 25 April 1973 you tested positive for morphine/cocaine.
On 12 July 1973 an administrative discharge board recommended
that you be separated from the Marine Corps by reason of
unfitness due to frequent involvement of a discreditable nature
with military authorities, with an undesirable discharge. On 30
July 1973 the discharge authority suspended the execution of the
undesirable discharge until 26 January 1974, with provisions for
automatic remission. On 20 December 1973 you received a fifth
nonjudicial punishment, for absence from appointed place of duty.
The suspension was vacated on 14 January 1974 and you were
discharged on 18 January 1974 with an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your Vietnam service and
marital problems. The Board found those factors insufficient to
warrant the upgrade of your discharge given your extensive
disciplinary record and apparent use of illegal drugs. In
addition, the Board noted that the discharge authority granted
you substantial clemency by suspending the execution of the
undesirable discharge, and that you would have received a more
favorable characterization of service if you had not committed
another offense during the period of the suspension. 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,
Executive Di xr
Copy to: Disabled American Veterans
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