DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TIR
Docket No: 8765-07
6 November 2008
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 5 November 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 31 July 1974 at age 17 and
served without disciplinary anfraction until 15 March 1975, when
you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended by civil authorities on 18
October 1975. On 27 October 1975 you were convicted by civil
authorities of obtaining controlled substances by false or
fraudulent prescriptions and sentenced to confinement for 365
days.
On 5 January 1976, while in the custody of civil authorities, you
were notified of pending administrative separation by reason of
misconduct due to civil conviction. At that time you waived your
right to consult with legal counsel and to submit a statement of
rebuttal to the discharge, but requested your case be presented
to an administrative discharge board (ADB). As a result, on 24
March 1976, an ADB recommended separation under other than
honorable conditions by reason of misconduct due to civil
conviction. Your commanding officer also recommended discharge
under other than honorable conditions. On 5 April 1976 the
discharge authority approved these recommendations, and on 26 May
1976 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 and desire to upgrade your discharge. It also
considered your assertion that your discharge was due to
extenuating circumstances. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your drug related misconduct in the
civilian community and lengthy period of UA from the Marine
Corps. 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,
\SQeas
W. DEAN PF R
Executive Ditwettor
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