DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6437-07
29 April 2008
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 22 April 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 21 March 1972 at age 19.
Nearly a year later, on 12 March 1973, you were subject to an
investigation involving drug abuse. During this investigation
you stated, in part, that you had ‘bought 13 lids of marijuana’
for $50 in a partnership deal and had ‘brought the marijuana on
base’ to sell.
On 10 June 1973 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your procedural rights. Your commanding
officer recommended discharge under honorable conditions by
reason of unfitness due to drug abuse. Subsequently, you signed
a statement acknowledging the foregoing recommendation for
discharge which noted the following:
I understand that, although I have been recommended for a
general discharge by my commanding officer, I may be awarded
an undesirable discharge if the record so warrants, and that
any waiver of rights made by me remains applicable even if
the discharge authority decides to award an undesirable
discharge.
On 26 July 1973 the discharge authority approved the commanding
officer’s recommendation for discharge, but directed an
undesirable characterization of service as warranted by your
disciplinary record. on 26 July 1973 you received an undesirable
discharged.
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend yourself, but
waived your procedural rights. Finally, the Board noted that you
also acknowledged the fact that even though you were recommended
for a general discharge, such a discharge was not guaranteed, and
that your discharge would be the type warranted by your service
record. 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 PERI
Executive Dine
NO
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