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NAVY | BCNR | CY2006 | 05134-06
Original file (05134-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
HOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             TRG
         Docket No: 0 5134-06
         25 October 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 23 October 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 26 October 1971 at age 17. In March and June 1972, you received nonjudicial punishment (NJP) for an eight day period of unauthorized absence and underage drinking. On 27 October 1972, you were granted drug exemption. A month later, you received NJP for possession of drugs. After evaluation, it was determined that you were not amenable to rehabilitation. The Naval Drug Rehabilitation Center and a related psychiatric evaluation of your case noted a history of drug abuse and behavioral problems prior to entry into the Marine Corps and you were diagnosed with a sociopathic personality disorder.
Since you had violated the provisions of the drug exemption program, you were processed for an administrative discharge. At that time, you elected to waive the right to have your case heard by an administrative discharge board. On 15 February 1973, you received your fourth NJP for an unauthorized absence of about 14 days. After review, the discharge authority directed an undesirable discharge and you were so discharged on 27 February
1973.




In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, limited education and your claim, in effect, that you became addicted to drugs and were mentally ill while in the Marine Corps. The Board found that these factors were not sufficient to warrant recharacterization of your discharge given your disciplinary record and failure of the drug rehabilitation program. The Board was aware that although you were diagnosed with a sociopathic personality disorder, you were considered to be responsible for your actions. The Board concluded that the discharge was proper as issued and no change is warranted.
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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