DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6215-13
7 July 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 25 June 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 30 January 1976 at age 17. You received nonjudicial
punishment (NJP) on two occasions for failure to obey a lawful
order from a superior commissioned officer and unauthorized
absence (UA) from your unit for a period of 14 days. On
16 March 1978, you were UA from your unit for a period of 52
days. On 15 May 1978, you were again UA from your unit for a
‘period of 91 days. While pending trial by court-martial for the
forgoing periods of UA you alleged you told your recruiter you
wrongfully used marijuana. The recruiter allegedly disregarded
your disclosure and concealed your admission of illegal drug use
on your application for enlistment. The required waiver was not
obtained and your enlistment was the product of recruiter
misconduct. It was determined that individuals who fraudulently
enlisted in the service with the complicity of their recruiters
were insulated from trial by court-martial for any offenses they
committed. You were notified of pending administrative
discharge processing with a general discharge due to misconduct.
You waived all of your procedural rights. On 22 November 1978,
you received the general discharge for misconduct (fraudulent
enlistment) .
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 3.0. At
, the time of your service, a conduct average of 4.0 was required
‘ for a fully honorable characterization of service.
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 a change in your
characterization of service given the seriousness of your
misconduct that resulted in two NUPs, periods of UA totaling
over five months, and insufficiently high conduct mark average.
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,
| ents Sinn
ROBERT D. ZSALMAN
Acting Executive Director
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