DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 00539-12
24 October 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 23 October 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 began a period of active
duty on 20 March 1972. The Board found that during the period
from 16 August to 6 September 1972, you received three
nonjudicial punishments (NJP’s) for failure to go to your
appointed place of duty, 12 days of unauthorized absence (UA),
and being absent from your appointed place of duty. On
7 September 1972, you were psychiatrically diagnosed with a
chronic sociopathic personality and as a drug abuse, both of
which existed prior to your entry onto active duty. You were
further found to be drug dependent. Subsequently, you were
notified of pending administrative separation action by reason of
unsuitability. You were afforded all of your procedural rights,
including the opportunity to submit a statement on your behalf.
On 4 December 1972, you were convicted by summary court-martial
(SCM) of 48 days of UA. You received restriction, a reduction in
paygrade, and a forfeiture of pay. On 14 December 1972, your
reason of unsuitability with a general discharge. However, on 23
January 1973, you recéived a fourth NUP for 27 days of UA and
breaking restriction. You received the general discharged on
24 January 1973.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and contention that you were promised an honorable
discharge. Nevertheless, the Board found that these factors were
not sufficient to warrant a change in your characterization of
service given your four NJP’s, conviction by SCM, and medical
diagnosis that existed prior to your service. Concerning your
contention that you were promised an honorable discharge, there
is no evidence in the record to support it, and you submitted no
such evidence. 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,
SS
ROBERT D. ZSALMAN
Acting Executive Director
a
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