DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4992-13
15 May 2014
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 7 May 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.
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 12 May 1970 at age 17. You received nonjudicial
punishment (NJP) on 20 August 1971 and 3 February 1972 for two
instances of failure to go to your appointed place of duty. On
12 May 1972 you were convicted by special court-martial (SPCM)
of wrongful appropriation of a clock radio. The sentence
imposed was confinement, a forfeiture of pay and reduction in
paygrade. On 8 January 1973, you received NJP for failure to go
to your appointed place of duty and failure to obey a lawful
order. On 4 October 1973, you received NJP for unauthorized
absence (UA) from your unit for a period of 19 days. On
19 November 1973, you were convicted in civil court of
conspiracy to sell lysergic acid diethylamide (LSD). The
sentence imposed was confinement for more than seven years at
the Manning Correctional Center in Columbia, South Carolina.
You were notified of pending administrative discharge processing
with an other than honorable (OTH) discharge due to misconduct.
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 22 April 1974,
you received the OTH discharge for misconduct (civil
conviction).
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 given the seriousness of your misconduct that
resulted in four NJPs, an SPCM and a civil conviction. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, there is no provision of law or in Marine
Corps 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.
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,
TR ES.
ROBERT D. ZSALMAN
Acting Executive Director
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