DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1453-10
4 November 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 2 November 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 Navy on 3 June 1966 at age 17 and served
without disciplinary incident until 23 April 1968, when you
received nonjudicial punishment (NTP) for absence from your
appointed place of duty. About four months later, on 27 August
1968, you were convicted by summary court-martial (SCM) of a 22
day period of unauthorized absence (UA) and missing the movement
of your ship.
On 30 December 1968 you began another period of UA that was not
terminated until you were apprehended and held in confinement by
civil authorities on 29 January 1969 on charges of possession of
narcotics.
Subsequently, while in the custody of civil authorities, you were
processed for an administrative separation by reason of unfitness
due to drug abuse. After waiving your procedural rights to
consult with legal counsel and to present your case to an
administrative discharge board, the discharge authority directed
your commanding officer to issue you an undesirable discharge and
on 20 March 1969, you were so discharged. However, on 11 April
1972, the Naval Discharge Review Board (NDRB) recommended that
the characterization of your service be changed to general under
honorable conditions. On 31 July 1972 the Assistant Secretary of
the Navy approved this recommendation and you were issued a
general discharge by reason of unfitness.
The Board, in its review of your entire record and application,
carefully weighed al potentially mitigating factors, such as
your youth and desire to upgrade your general discharge.
Nevertheless, the Board concluded these factors were not
gufficient to warrant further recharacterization of your
discharge because of your misconduct in both the military and
civilian communities, and included drug abuse. Further, the
Board noted that you were properly separated by reason of
unfitness and that the NDRB recharacterized your service to
general under honorable conditions. As such, the Board concluded
that you were fortunate to receive a general discharge.
Accordingly, your application has been denied.
The Board noted that you should contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs (M&RA) Department, Code MMER, 3280 Russell Road,
Quantico, VA 22134-5103 to request that administrative
corrections be made to your Certificate of Release or Discharge
from Active Duty (DD Form 214) such as, but not inclusive of,
your social security number.
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,
Deana
Executive Di
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