DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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 10 October 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 12 September
1973. You received nonjudicial punishment on two occasions and
were convicted by civil authorities. Your offenses included
wrongful possession of marijuana, absence from your appointed
place of duty, and burglary. You were also pending disciplinary
action for absence from your appointed place of duty and
wrongful possession of marijuana with intent to sell. Your
commanding officer then recommended you for administrative
separation with an other than honorable (OTH) characterization
of service discharge due to misconduct. You waived your
procedural right to an administrative discharge board (ADB). On
11 February 1977, you received an OTH characterization of
service discharge due to misconduct.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
and current desire to upgrade your discharge. However, the
Board concluded that your discharge should not be changed due to
your numerous acts of misconduct. The Board particularly noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Finally, you
are advised that no discharge is upgraded automatically due
solely to the passage of time or post 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
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 effioial
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Ly Sons
W. DEAN PFEIL
Executive rector
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