DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3214-11
13 January 2012
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 12 January 2012. 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 23 June 1969 at age 18 and
began a period of active duty. You served without disciplinary
incident until 3 September 1971, when you received nonjudicial
punishment (NUP) for absence from your appointed place of duty
and a 26 day period of unauthorized absence (UA). The punishment
imposed was correctional custody for 30 days and reduction to
paygrade E-2.
Subsequently, you were processed for an administrative separation
by reason of unfitness. On 24 November 1971 your commanding
officer recommended you be issued a general discharge by reason
of unfitness as evidenced by your failure to respond to
counselling and inability to abstain from drugs. The discharge
authority approved this recommendation and directed separation
under honorable conditions. On 7 December 1971, while serving in
paygrade E-1, you were issued a general discharge by reason of
unfitness and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness of your misconduct,
which resulted in NJP, and your failure to abstain from using
drugs. Finally, Marines with a 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
existénce of probable material error or injustice.
Sincerely,
W. DEAN P R
Executive tor
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