DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 29370-5100
TGR
Docket No: 10989-1090
20 July 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 19 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 January 1970 at age 17
under the provisions of a drug exemption program. You served
without disciplinary incident until 21 October 1970, when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and were awarded a reduction to paygrade
E-1, which was suspended for 90 days.
On 17 March 1971 you received NUP for a 14 day period of
unauthorized absence (UA). About three months later, on 16 June
1971, you were convicted by summary court-martial (SCM) of a 34
day period of UA. You were sentenced to confinement at hard
labor for one month, reduction to paygrade E-1, and a $95
forfeiture of pay. On 16 August 1971 you were again convicted by
“SCM of a six day period of UA and sentenced to a $40 forfeiture
of pay and restriction and hard labor for 45 days. Shortly
thereafter, on 1 October 1971, you admitted to wrongful use
and/or possession of illegal drugs, and as such, you were in
violation of your drug exemption. Subsequently, you were
notified of pending administrative separation action by reason of
unfitness. After waiving your procedural rights, your commanding
officer recommended discharge under honorable conditions by
reason of unfitness. The discharge authority approved this
recommendation and directed your commanding officer to issue you
a general discharge by reason of unfitness, and on 22 October
1971, 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. It also considered your assertion of peer pressure.
‘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 in two NUPs, two SCMs, and included drug abuse. Also,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an administrative
discharge board. Further, there is no evidence in the record,
and you submitted none, to support your assertion of peer
pressure. Finally, Marines with an extensive record of
misconduct, such as yours, normally receive discharges under
other than honorable conditions, and as such the Board noted that
you were fortunate to receive a general characterization of
service. 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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