DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
TJIR
Docket No: 10254-10
8 July 2011
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 July 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
injustice.
You enlisted in the Marine Corps on 9 February 1970 at age 19 and
served for about five months without disciplinary incident, but
on 17 July 1970, you received nonjudicial punishment (NJP) for an
11 day period of unauthorized absence (UA). On 18 November 1970
you were convicted by summary court-martial (SCM) of a 14 day
period of UA.
During the period from 15 January until 28 December 1971, you
received NIP on seven more occasions. Your offenses were four
periods of UA totalling 44 days, breaking restriction,
disobedience, being incapacitated as sentry, absence from your
appointed place of duty, and drunk and disorderly conduct. You
also received four letters of indebtedness totalling $616.
On 11 January 1972 you received your ninth NUP for lying down as
sentinel. Shortly thereafter, on 17 January +1972, you were
notified of pending administrative separation action by reason of
unfitness due to frequent involvement of a discreditable nature
with military or civilian authorities. After consulting with
legal counsel you elected to present your case to an
administrative discharge board (ADB). On 23 March 1972 an ADB
recommended an undesirable discharge by reason of unfitness due
to the frequent involvement of a discreditable nature with
military authorities. Subsequently, your commanding officer, in
concurrence with the ADB, also recommended an undesirable
discharge by reason of unfitness due to the frequent involvement
of a discreditable nature with military authorities. On 10 April
1972 the discharge authority approved these recommendations, and
on 25 April 1972 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, assertion of alcoholism, 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 which
resulted nine NJPs and conviction by SCM. Finally, applicable
directives state, in part, that even if a Marine is processed for
separation by reason of a medical condition, such as alcoholism,
if the Marine meets the requirements of another reason for
separation, such as unfitness, the Marine will be separated for
the latter reason. 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,
boon
W. DEAN PFETYF
Executive DiYector
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