DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7987-07
7 February 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.
Correction of Naval
considered your
allegations of error and
A three-member panel of the Board for
Records, sitting in executive session,
application on 29 January 2008. Your
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 Reserve on 28 August 1973 at age
18. On 27 September 1973 you reported for an initial period of
active duty for training. On 8 February 1974 you made a
statement admitting to use of marijuana and speed after marijuana
residue was found in your locker. On 7 March 1974, you were
released from active duty with your service characterized as
honorable. It appears that you would have been paid for your
period of active service at that time.
On 16 March 1974, the lab reported that the evidence taken from
your locker indicated marijuana and lysergic acid diethylamide
(LSD). The results of the test were forwarded to your reserve
unit for action. Subsequently, you again made a statement
admitting use of drugs. On 18 July 1974 you were notified of
separation processing by reason of unfitness. At that time, you
elected to waive the right to have your case heard by an
administrative discharge board. After review, the separation
authority directed discharge under other than honorable
conditions and you were so discharged on 17 September 1974.
You contend in your application that you were never given a final
discharge, were not allowed to complete six months of active duty
and were never paid for your service after March 1974.
It appears from the record that you completed recruit training,
but were dropped from advanced training probably because of your
admission of drug abuse. Although your service on release from
active duty was characterized as honorable, it is clear that
administrative action concerning your drug abuse was pending.
The record shows that you were properly processed for discharge
by reason of unfitness and were issued an undesirable discharge
bon 17 September 1974. Whether or not you attended drills after
your release from active duty cannot be ascertained from the
record. However, even if you did, the Barring Act, 28 United
States Code 3702, prevents claim against the government which are
over six years old. Therefore, there is no basis for payments in
your case.
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,
loQes
W. DEAN PFE
Executive Dil
[~N
NAVY | BCNR | CY2012 | 01526 12
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 02642-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. On 24 November 1971, you were so discharged.
NAVY | BCNR | CY2004 | 04611-04
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 2005. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 02697-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. paygrade E-l, 45 days of restriction and extra 18, The punishment imposed was a On 23 March 1976 you were screened for drug use and admitted that between February 1972 until February 1976 that you used marijuana daily,...
NAVY | BCNR | CY2014 | NR657 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 02441-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 14 December 1982 you were notified of pending administrative separation action by reason of misconduct due to drug abuse and commission of a serious offense as...
NAVY | BCNR | CY2003 | 07531-03
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, he Board determined that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the NavySeptember 1972 a and session without disciplinary incident un ii 25...
NAVY | BCNR | CY2006 | 01172-07
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 23 May 1972 at age 18. On 19 September 1973 you were again...
NAVY | BCNR | CY2006 | 11321-06
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 Navy on 20 August 1974 at age 17. The punishment imposed was restriction and...
NAVY | BCNR | CY2002 | 02632-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2002. injustice were reviewed in accordance with administrative regulations and procedures.applicable to the proceedings of this Board. your received a letter from commanding On 19 December 1973, officer by certified mail concerning your missed drills of 7 December 1973. concerning your missed drills, however, you never responded to On 20 January 1974...