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NAVY | BCNR | CY2013 | NR3579-13
Original file (NR3579-13.pdf) Auto-classification: Denied
- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

BJG
‘Docket No: 3579-13
20 February 2014

 

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 19 February 2014. 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,

_ Fegulations and policies. In addition, the Board considered the
report of the Naval Discharge Review Board, dated 22 April 1987,

a copy of which is attached.

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was

insufficient to establish the existence of probable material

error or injustice.

You enlisted in the Marine Corps and entered a pericd of active
duty on 17 August. 1979. You received nonjudicial punishment on
two occasions and were convicted by civil authorities. Your
offenses included wrongful possession of marijuana, conspiracy -
to sell marijuana, wrongful sale of marijuana, and two periods
of unauthorized absence (UA) totaling 24 days. You then
requested an under conditions other than honorable (OTH)

discharge for the good of the service to avoid trial by court-
Martial for three periods of UA totaling 259 days. At that
time, you consulted with qualified military counsel and

discharge. The separation authority approved your request for -
an under conditions OTH discharge. On 16 October 1981, you were
separated with an under conditions OTH discharge for the good of
the service to avoid trial by court-martial. As a result of —
this action, you were Spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor. oO

The Board, in its review of your entire record, carefully
considered all potentially mitigating factors, such as your

"yg youth’ and: current desire to upgrade your discharge.

Nevertheless, ‘the Board concluded that these factors were not

". sufficient to warrant recharacterization of your discharge due

to your periods of UA totaling more than nine months, other

misconduct, and request for discharge. - Furthermore, the Board
believed that -considerable clemency was extended to you when
your request. for discharge to avoid trial by court-martial was

approved. It was also clear to the Board that you received the

upgraded due merely to the passage of time or post service good
conduct. In view of the above, your application has been
denied. The names and votes of the members of the panel will be

furnished upon request. 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

Sincerely,

ROBERT. D. ZSALMAN
Acting Executive Director

Enclosure

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