DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7014 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
SUN
Docket No: 02196-11
10 January 2012.
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the 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 January
2012. 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 and active duty on 14 February 1972.
On 9 October 1972, you were arrested by civil authorities for
possession of marijuana. On 30 November 1972, you received
nonjudicial punishment (NJP) for eight days of unauthorized absence
{UA}. On 20 December 1972 and 1 March 1973, you were convicted by
summary court-martial (SCM) of seven days of UA, and three
specifications of disobedience. As a result of your last SCM, you
received confinement at hard labor and a forfeiture of pay.
Subsequentiy, you were notified of pending administrative separation
action by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being advised of
your procedural rights, you waived the right to an administrative
discharge board (ADB). The separation authority directed discharge
under other than honorable conditions by reason of misconduct. You
were so discharged on
6 June 1973.
The Board, in its review of your application, carefully weighed all
potentially mitigating factors, such as your youth. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge due to your misconduct that resulted in civil
charges involving drugs, NUP, and two SCM convictions for serious
offenses. The Board also noted that you waived an ADB, your best
chance for retention or a better characterization of service.
Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
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,
ly ages
W. Dep A F
Executive Di
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