DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4038-01
21 November 2001
*,
Dear
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 14 November 2001.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
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.
The Board found you enlisted in the Marine Corps on 13 July 1970
at the age of 18.
Your record contains a Naval Drug Rehabilitation Center report
dated 14 June 1972, in which you were recommended for an
administrative separation due to your unwillingness to cooperate
in a drug rehabilitation therapy program as evidenced by your
voluntary disclosure that you had continued to use heroin,
barbiturates, marijuana, amphetamines, and lysergic acid
diethylamide (LSD).
notified of pending administrative separation action by reason of
unfitness due to drug abuse.
to
administrative discharge board,
the discharge.
recommended you be discharged under other than honorable
conditions by reason of unfitness due to drug abuse as evidenced
by your disclosure of continued drug use and failure to
participate in a rehabilitation program.
discharge authority approved the commanding officer's
consul.t with legal counsel, present your case to an
Subsequently, on 9 August 1972, you were
On 18 August 1972 the
At that time you waived your rights
On 16 August 1972 your commanding officer
or submit a letter of rebuttal to
However, the Board concluded these factors and
recommendation and directed an other than honorable discharge by
On 22 August 1972 you were so discharged.
reason of unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that your record has been expunged of all disciplinary
infractions.
contention were not sufficient to warrant recharacterization of
your discharge because of your failure to participate in a drug
treatment rehabilitation program,
after enrollment in that program.
there is no evidence in the record, and you submitted none, to
support your contention that your record had been expunged of
your misconduct.
exemption to enter the rehabilitation program, and no
disciplinary action was taken for the drug use which preceded the
exemption.
which occurred after you entered into the rehabilitation program.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
However, the exemption did not cover the drug use
and your continued use of drugs
Further, the Board noted that
The Board noted that you were granted a drug
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
You are entitled to have the
favorable action cannot be taken.
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
2
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