DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6130-10
8 April 2011
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 5 April 2011. 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
i jneries.
You enlisted in the Marine Corps on 26 September 1969 at age 17
and served for a year without disciplinary incident. However, on
20 November 1970, you were convicted by summary court-martial
(SCM) of wrongful possession of marijuana. Nearly a year later,
on 18 October 1971, you received nonjudicial punishment (NJP) for
smoking on post.
On 30 May 1972 you received NUP for a two day period of
unauthorized absence (UA) and were awarded an oral reprimand. On
12 September 1972 you were convicted by civil authorities of
failure to appear in court for a traffic violation and were
sentenced to a $15 fine. On 25 September and 28 November 1972
your command received two letters of indebtedness resulting from
your failure to pay just debts. On 30 January 1973 your command
received a third letter of indebtedness from the base hobby shop.
During the period from 7 February to 20 April 1973 you received
Nop for a four day period of UA and were convicted on two
occasions by civil authorities of negligent driving and two
counts of failure to stop at a stop sign. You also cashed a
check with insufficient funds, and your command received two more
letters of indebtedness.
Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military and civilian
authorities. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
23 May 1973, an,ADB recommended discharge under other than
‘honorable conditions by reason of unfitness due to frequent
involvement of a discreditable nature with military and civilian
authorities an@ a pattern of misconduct. On 8 June 1973, your
commanding officer, in concurrence with the ADB, also recommended
discharge under other than honorable conditions by reason of
unfitness. On 20 June 1973 the discharge authority approved
these recommendations and directed your commanding officer to
issue you an other than honorable discharge by reason of
unfitness, and on 29 June 1973, 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, post service conduct, and 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 misconduct in both
the military and civilian communities. 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,
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