DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL-RECORDS
701 S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
‘Docket No: 4068-13
- 21 March 2014
This is in reference to your application for correction of. your
naval record pursuant to the provisions of title 10, 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 March 2014. The names and votes of the
members of the panel will be furnished upon request. 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
- yracord, 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 3 April.1967 at age 18. On 30 July 1968, you received
nonjudicial punishment (NIP) for unauthorized absence (UA) from.
‘your unit for a period of three days. On 24 December 1969, you
were convicted by special court-martial | (SPCM) of UA from your
unit.fora period | of 25 days.. “The sentence imposed was a.
forfeiture of pay and reduction in paygrade. You received NUP
on three additional occasions for two instances of failure ‘to
“obey a lawful order. arid UA from your unit for one day. On
26 February 1970, you were convicted by summary court- ~-martial
(SCM) of wrongful possession of several unauthorized |
identification cards and liberty passes .. You. were notified of
pending. administrative discharge processing with an other than —
honorable (OTH) discharge due’ to misconduct | {frequent
involvement). After consulting with legal counsel, you elected
to present your case to an administrative discharge board (ADB).
On 16 April 1970 the ADB found that you committed misconduct and
recommended that you be separated with an OTH discharge. The
separation authority agreed with the findings and recommendation
of the ADB and directed your commanding officer to issue you an
OTH discharge by reason of misconduct due to frequent
involvement, and on 12 May 1970, you were so discharged.
The. Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, overall record and Vietnam service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
_ recharacterization of your discharge given the seriousness of
your misconduct that resulted in four NUPs, an SCM, and an SPCM.
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,
7S Fe Ps
ROBERT D. ZSALMAN
Acting Executive Director
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