DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 1555-10
20 October 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 13 October 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 on 24 February 1970 at age 21
and served without disciplinary infraction until 27 July 1970,
when you were in an unauthorized absence (UA) status for one day.
The record does not reflect the disciplinary action taken, if
any, for this misconduct. On 24 September 1970 you were
convicted by summary court-martial (SCM) of assault and sentenced
to restriction for two months, an $88 forfeiture of pay, and
reduction to paygrade E-1.
In January and November 1971 you were apprehended by civil
authorities on charges of selling marijuana. In both cases you
were to remain in the state in which you were apprehended pending
trial for the foregoing charges. On 20 December 1971 you
received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty and were awarded a three month suspended
reduction to paygrade E-2 and a $50 forfeiture of pay. However,
on 18 January 1972 the suspended reduction was vacated due to
your continued misconduct.
On 25 January 1972 you submitted a written request for discharge
because of your involvement with civil authorities in January and
November 1971. This request stated, in part, that because of
your two pending trials in civil court for the sale of marijuana
and having to remain in the state where the illegal actions took
place, you were unable to further serve in the Marine Corps. On
8 February 1972 your request was approved and you were processed
for an administrative separation by reason of convenience of the
government due to civil involvement of a discreditable nature.
“Subsequently, tlie discharge authority directed your commanding
officer to discharge you under honorable conditions, and on 10
‘February 1972, you were issued a general discharge.
grhe Board, in its review of your entire record and application,
‘carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge and change your
reason for separation, which you believe is connected to
homosexual misconduct. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge or a change of your narrative reason for separation
because of the seriousness of your misconduct in both the
military and civilian communities, and the fact that your
misconduct included illegal sale of drugs on two occasions.
Accordingly, your application has been denied.
In regards to your assertion that the discharge code “DD-257-MC”
was incorrectly assigned because you were not charged as a
homosexual is without merit. In this regard, DD-257-MC is the
code used for the characterization of your discharge (the type of
certificate to be issued), specifically, a “general under
honorable conditions” discharge. This codes does not, in any
way, reflect a record of homosexual misconduct.
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,
aes
W. DEAN P
Executive ne or
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