DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Decket No: 03762-1121
27 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 24 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.
On 24 November 1966, you reenlisted in the Marine Corps after
serving over three years of honorable service. The Board found
that you received two nonjudicial punishments (NUP‘’s) for two:
periods of unauthorized absence (UA) totaling 56 days. You also
were convicted by special court-martial (SPCM) of two periods of
UA totaling 229 days and breaking restriction. On 18 June 1969,
you were the subject of an interview about illegal use of
marijuana and glue sniffing. However, you declined to provide a
sworn statement concerning the information you had provided.
Subsequently, administrative discharge action was initiated and
it was recommended that you receive an undesirable discharge by
reason of unfitness due to your drug addiction. After you were
afforded all of your procedural rights, you waived your right to
an administrative discharge board (ADB). Your case was
forwarded and you received an undesirable discharge on 29
September 1969.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
service, and combat service in Vietnam. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s and
conviction by SPCM of periods of UA totaling over seven months.
Finally, the Board noted that you waived the right to an ADB,
your best opportunity 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,
Wy DoS
W. DEAN P
Executive r r
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