DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 374-12
27 September 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
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 wags insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 6 April 1970 at age 18. You received nonjudicial
punishment (NJP) on two occasions for unauthorized absence (UA)
from your unit for a period of 23 days and wrongful possession
of marijuana. On 1 June 1973, you were apprehended by the
Beaufort, South Carolina, County police and charged with
rongful possession of marijuana and possession with intent to
sell marijuana. On 24 July 1973, you were convicted by special
court-martial (SPCM) of wrongful possession of 632 grams of
Marijuana. The sentence imposed was confinement, a forfeiture of
pay, reduction in paygrade and a bad conduct discharge (BCD).
You waived your right to be restored to duty, On 22 February
1973, you received the BCD after appellate review was complete.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge due to seriousness of your misconduct that
resulted in two NUPs, a SPCM and your civil criminal involvement
with the wrongful possession and s@le of a controlled substance.
The Board also noted that you waived your right to restoration,
your best opportunity to earn a better characterization of
service. Finally, there is not provision of law of in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
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,
Executive Dinectdr
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