DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 13226-09
3 September 2010
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 1 September 2010. 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 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 10 June 1968 at age 19. You received nonjudicial
punishment (NJP) on two occasions for sleeping on watch and
disobeying a lawful written order. On 18 January 1971, you were
convicted by special court-martial (SPCM) of destruction of
property valued at $80 and larceny of a Sony tape deck valued at
$100. The sentence imposed was three months confinement,
forfeiture of pay, reduction in paygrade and a bad conduct
discharge (BCD). The reduction in paygrade and BCD were
suspended for six months. On 16 February 1971, you were notified
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to unfitness because of wrongful
use and possession of marijuana. After consulting with legal
counsel, you elected to present your case to an administrative
discharge board (ADB). The ADB found that you committed
misconduct and recommended that you be separated with an OTH
discharge. On 17 March 1971, the separation authority agreed
with the recommendation of the ADB and directed your commanding
officer to issue you an OTH discharge by reason of misconduct and
on 24 March 1971, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
_recharacterization of your discharge given the seriousness of
* your misconduct that resulted in two NJPs and a SPCM.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you are eligible for veteran’s benefits
for service connected injuries that you sustained during your
period of satisfactory service. However, your eligibility is a
matter under the cognizance of the Department of Veterans Affairs
(DVA). In this regard, you should contact the nearest DVA office
concerning your rights, specifically, whether or not you are
eligible for benefits based on this period of service.
The Board also noted that you should contact Headquarters, United
States Marine Corps (Code MMSR), 3280 Russell Road, Quantico,
Virginia 22134-5103 to request that administrative corrections be
made to your Certificate of Discharge or Release from Active Duty
(DD Form 214), such as your date of birth, social security
number, and record of service.
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 yeas
Executive Dittec
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