DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 10797-06
12 June 2007

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 6 June 2007. 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 on 6 January 1970 at age 19. On 21 October 1970 you received nonjudicial punishment. (NJP) for sleeping on post. On 14 March 1972 you were convicted by special court-martial (SPCM) of a 212-day period of unauthorized absence (UA).

On 16 August 1972, you were convicted by civil authorities of two counts of petty larceny and burglary. You were sentenced to spend 11 months in prison and three years of probation. You were processed for an undesirable discharge by reason of misconduct due to the civil conviction. After you were notified of this administrative separation action, you waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 2 February 1973, the separation authority directed an undesirable discharge and on 12 February 1973, you were so discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and service in Vietnam, along with your contention that drug use impaired your ability to serve. Nevertheless, the Board found that these factors and contention were not sufficient to warrant any change in your discharge given the NJP, the SPCM for a very lengthy period of UA, and especially the civil conviction and ensuing incarceration for serious misconduct. Concerning your contention, there is no evidence in the record, and you submitted none to substantiate your claim. Even if you were impaired, drug abuse does not excuse misconduct. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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 PFEIFFER
Executive Director

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