DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2642-08
20 November 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 19 November 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.
On 28 May 1970, you enlisted in the Marine Corps at age 20.
On 24 February and 13 July 1971, you had nonjudicial punishment
(NJP) for disrespect, willful disobedience of a lawful order,
unlawful assembly of a riot, and a brief period of unauthorized
absence. On 8 August 1971, a smoking pipe with marijuana
residue was found in your wall locker during an inspection.
You subsequently made a statement in which you admitted using
marijuana and further stated that you primarily used marijuana
off base.
You were subsequently notified that you were being recommended
for administrative separation by reason of unfitness which
could result in an other than honorable discharge. You then
signed a conditional waiver in which you waived the right to
have your case heard by an administrative discharge board (ADB)
if your commanding officer would recommend a general or
honorable discharge. On 7 September 1971, your commanding
officer recommended a general discharge by reason of unfitness.
In connection with this processing, you acknowledged the
separation action. On 9 November 1971, the separation
authority approved the discharge recommendation and directed a
general discharge by reason of unfitness. On 24 November 1971,
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that you were falsely
accused of using drugs. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct.
Regarding your contention, the record shows that you admitted
using marijuana. Furthermore, the Board noted that you waived
the right to have your case heard by an ADB when you signed a
conditional waiver, which was your best opportunity for
retention or a more favorable characterization of service.
Therefore, 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 PFE
Executive D or
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