DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 4695-09
19 March 2010
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 10 March 2010. 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 and began a period of active
duty on 20 July 1976 at age 17. On 11 July 1978, you received
nonjudicial punishment (NUP) for willfully disobeying a lawful
order. On 12 December 1978, you were convicted by the Superior
Court of Onslow County, North Carolina, of felonious possession
of marijuana. You pled guilty and were sentenced to be
imprisoned for three to five years, however, the sentence was
Suspended and you were placed on three years probation. On 19
January 1979, you were convicted by special court-martial (SPCM)
of three instances of unauthorized absence totaling a period of
48 days. On 10 March 1979, administrative discharge action was
initiated to separate you by reason of misconduct due to civil
conviction. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 10 March 1979, your commanding officer forwarded
his recommendation for discharge under other than honorable (OTH)
conditions due to misconduct. On 30 April 1979, the separation
authority directed an OTH discharge by reason of civil
conviction. On 8 May 1979 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in a civil conviction, an NUP, and a SPCM. Finally, the
Board noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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.
Consequentiy, 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,
wes
Executive Di
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