DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 11117-07
14 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 13 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 15 September 1972 at age 18
and served for five months without disciplinary incident, but on
27 February 1973, you received nonjudicial punishment (NJP) for a
two day period of unauthorized absence (UA). On 29 August 1973
you were convicted by special court-martial (SPCM) of a 101 day
period of UA. You were sentenced to confinement at hard labor
and a forfeiture of pay. About three months later, on 13
November 1973, you received NUP for absence from your appointed
place of duty.
On 7 June 1974 you were again convicted by SPCM of assault and
sentenced to confinement at hard labor for 15 days and a $150
forfeiture of pay. On 7 November 1974 you received NJP for
failure to obey a lawful order. Shortly thereafter you were
convicted by civil authorities of possession of marijuana and
sentenced to confinement for six months, which was suspended for
one year.
On 18 November 1974 you were notified of pending administrative
separation by reason of unfitness due to frequent involvement of
a discreditable nature with military and civilian authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 16 January 1974 your commanding officer recommended an
undesirable discharge by reason of unfitness due to frequent
involvement of a discreditable nature with military and civilian
authorities. On 19 March 1974 the discharge authority approved
this recommendation and directed an undesirable discharge, and on
27 March 1975 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, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct in both the military and
Civilian communities, and your 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,
W. DEAN PFE
Executive Di
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