DEPARTMENT OF THE NAVY
. BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 3830-13
6 March 2014
+
5
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 5 March 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,
regulations and policies. The Board also. considered the report Eh
of the Naval Discharge Review Board {NDRB) dated 26. Bepeember
-1980, 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.
_ | exror or. injustice..
‘You enlisted in the Marine Corps ‘and entered. a. period of active
.duty on 22 January 1970.. You received nonjudicial punishment
‘and were convicted by civil authorities. ‘Your offenses included
absence from your appointed place of: duty and wrongful
possession of 3,214 doses of lysergic acid diethylamide (LSD)
° 2 with: intent to distribute. Your command then notified you that
you were being. administratively separated with an other than.
_ honorable (OTH) characterization of service. due to. misconduct.
You waived your procedural right to an administrative discharge
_Doard (ADB). On 1 February 1974, you received the OTH
characterization of service due to misconduct...
The Board, in its review of your entire record, carefully
‘considered all potentially mitigating factors, such as your
youth and current desire to upgrade your discharge. -
Nevertheless, the Board concluded that these factors weré not
sufficient to warrant upgrading your discharge in light of the
serious nature of your misconduct.. The Board noted that you
waived your right to an ADB, your best opportunity for retention
or bettex. characterization of service. You are advised that no
discharge is automatically upgraded. due merely to the passage of
‘time of Bdést 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 requést..
‘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, .
Ree
ROBERT D. ZSALMAN |
_ Acting Executive Director
. Enclosure
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