DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01651-08
16 October 2008
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 9 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 28
December 1967. You received nonjudicial punishment on Four
occasions over the next two years, for offenses that included
unauthorized absence and being drunk and disorderly. You were
arrested by civil authorities in Boston, Massachusetts, on 15
January 1970 for possession of marijuana and LSD. You were
arrested the following day in Stoughton, Massachusetts for
possession of marijuana, and you were convicted of that offense
by civil authorities on January 1970. You were discharged by
from the naval service by reason of unfitness on 24 February
1970, with an undesirable discharge, based on your possession of
illegal drugs. On 25 September 1974, the Naval Discharge Review
Board (NDRB) determined that your undesirable discharge was
proper, but directed that it be upgraded to general pursuant to
Secretary of Defense Memorandum of 13 August 1971 (Laird
Memorandum). The basis for your discharge was not changed.
The Board was not persuaded that you lacked mental
responsibility for the multiple act of misconduct you committed
during your enlistment, or that you were unfit for duty by
reason of physical disability at the time of your discharge. The
Board noted that while the Laird Memorandum provided that
administrative discharges under other than honorable conditions
issued solely on the basis of personal use of drugs or
possession of drugs for the purpose of such use would be
reviewed for recharacterization, it did not require the
recharacterization of each discharge reviewed under that policy.
As the original characterization of your service as under other
than honorable conditions was based in part on your extensive
disciplinary record, you were fortunate to have received a
general discharge following NDRB review.
In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge to honorable, 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,
\s
W. DEAN PPE
Executive D yar
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