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NAVY | BCNR | CY2007 | 04038-07
Original file (04038-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

SIN
Docket No: 04038-07

4 February 2008

 

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 24 January 2008. 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 1 April 1969 at age 19.

Based on the information currently contained in your record it
appears that on 19 March 1970, during a medical evaluation, you
admitted to use various drugs and were experiencing flashbacks.
On 14 May 1970, your commanding officer recommended that you be
honorably discharged by reason of unfitness. However, On

4 August 1970, an administrative discharge board (ADB),
recommended that you be discharged under honorable conditions due
to unfitness. Subsequently, the discharge authority concurred
with the ADB and directed that you receive a general discharge.

You were so discharged on 24 August 1970.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and post service

accomplishments. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge or a change to your reenlistment code given the medical
report and your admission of drug abuse. 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,

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