DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TAL
Docket No: 801-13
24 October 2013
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 17 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 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 December 1970 at age 19. On 14 June 1971, you
received nonjudicial punishment (NUP) for unauthorized absence
(UA) from your unit for a period of three days. On 16 June 1971
you were convicted by summary court-martial (SCM) of breaking
restriction and failure to obey a lawful regulation. On 15 duly
1971, you were convicted by special court-martial (SPCM) of
conspiring to sell wrongfully marijuana, and two instances of
possession and sale of marijuana. The sentence imposed was
confinement. On 13 August 1971, you were notified of pending
administrative separation processing with an other than
honorable discharge (OTH) due to misconduct (frequent
involvement). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 24 September 1971, you received the OTH for misconduct
(frequent involvement) .
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 one NUP, an SCM and an SPCM. The Board noted that
you waived the right to an ADB, your best chance 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,
W. DEAN aa
Executive Direc
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