DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 08444-07
21 August 2008
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 19 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 4 June 1969 at age 18. You
served over two years without incident until 9 December 1971,
when you received nonjudicial punishment (NJP) for a four day
period of unauthorized absence (UA). Based on the information
currently contained in your record it appears that on 9 May 1972,
you were arrested by civil authorities for driving under the
influence (DUI). You were released and ordered to appear in
court on 18 May 1972. On 5 June 1972, you were found guilty in
absence by civil authorities of making and uttering a bad check,
and sentenced to six months in jail. However, after two failures
to appear in court, you were convicted of DUI on 14 June 1972.
You were sentenced to 10 days in jail. On 20 June 1972, you
received NUP for 27 days of UA. On that same day, your
commanding officer delivered you to civil authorities to begin
serving your six month jail sentence. You were released on
20 October 1972.
On 18 December 1972, you received NUP for failure to go to your
appointed place of duty. On 5 February 1973, you were convicted
by summary court-martial (SCM) of making and uttering a bad
check. Finally, on 2 March 1973, you received a fourth NUP for
four days of UA.
Based on this disciplinary record you were processed for an
administrative discharge by reason of unfitness. You elected to
waive the rights to have your case heard by a board of officers.
On 21 March 1973, your commanding officer recommended an
undesirable discharge by reason of unfitness. On 20 April 1973,
the separation authority directed an undesirable discharge. You
were so discharged on 1 May 1973.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, letter
from the Veterans Affairs office, overall record of service, and
contention that the reason for your UA was due to being in the
hands of civil authorities. Nevertheless, the board found that
these factors and contention were not sufficient to warrant
recharacterization of your discharge given your record of four
NJP’s, two civil conviction, and conviction by SCM. With regard
to your contention, there is no evidence in the record to support
it, and you submitted no such evidence. Further, you were turned
over to civil authorities after the period of UA in question.
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,
Bed DS ZO
ROBERT D> SALMAN
Acting Executive Director
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