DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Decket No: 5394-13
21 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 14 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 31 January 1968 at age 17. On 21 December 1970, you
received nonjudicial punishment (NJP) for two instances of
failure to obey lawful regulations. On 1 March 1971, you were
in an unauthorized absences status from your unit until you were
apprehended by civil authorities in Greenville, North Carolina,
a period of 274 days. On 28 January 1972, you were convicted in
Pitt County Superior court of wrongful possession of hashish and
Marijuana. The sentence imposed was three to five years
confinement. You were notified of pending administrative
discharge processing with an other than honorable (OTH)
discharge due to misconduct (civil conviction). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 1 June 1972, 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, overall
record and Vietnam 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 an NJP and a civil conviction. A member of the
armed services who is convicted by civil authorities may be
discharged for misconduct. 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,
ROBERT D. ZSALMAN
Acting Executive Director
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