DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8823-08
20 July 2009
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 14 July 2009. The names and votes of the
members of the panel will be furnished upon request. 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 ail
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 2 July 1970 at age 19 and
immediately began a period of active duty. You served without
disciplinary infraction until 10 December 1971, when you received
nonjudicial punishment (NIP) for disobedience and were awarded
ryestriction and extra duty for seven days.
On 12 December 1973 you were apprehended by civil authorities on
- charges of possessing and transferring marijuana and possession
of heroin. As a result, om 17 June 1974, you were convicted by
civil authorities of the foregoing charges and sentenced to
confinement at forced labor for one year.
On 25 June 1974 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
10 July 1974 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to civil
conviction. On 23 July 1974 the discharge authority approved
this recommendation.
On 18 November 1974 you began a period of unauthorized absence
(UA) that was not terminated until 18 December 1974. Your
commanding officer, in concurrence with the ADB, recommended
discharge under other than honorable conditions by reason of
misconduct. Subsequently, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to civil conviction and on 19
December 1974 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, the passage of time, and your desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive drug related
misconduct and lengthy period of UA from the Marine Corps.
Finally, no discharge is upgraded due solely to the passage of
time. Accordingly, your application has been denied.
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 DEAN P
Executive D
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