DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3075-08
11 December 2008
This igs 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
10 December 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 24 February 1971, you enlisted in the Marine Corps at age 17 with
parental consent. On 5 April 1971 and 22 November 1972, you had
nonjudicial punishment (NJP) for failure to obey a lawful order and
absence from your appointed place of duty. On 11 December 1972, your
urinalysis tested positive for barbiturates and you were subsequently
placed on a urinalysis surveillance program. During the period
22 January to 13 February 1973, your urinalysis tested positive for
barbiturates on seven occasions. On 7 February 1973, a medical
officer stated that there was no record of prescribed medication.
On 9 March 1973, your commanding officer initiated administrative
separation by reason of unfitness. In connection with this
processing, you acknowledged that separation could result ina
general discharge and declined to submit a statement. On
20 March 1973, you had NUP for a day of unauthorized absence.
On 28 August 1973, the separation authority approved the discharge
recommendation and directed a general discharge by reason of
unfitness. On 30 August 1973, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
your overall service record that included three NJP's and drug abuse.
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.
The Board noted that as a result of your general characterization of
service, you may be eligible for veterans' benefits. You should
contact the nearest office of the Department of Veterans Affairs if
you desire clarification about your eligibility for those benefits.
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,
Wem 2h pt
W. DEAN PP
Executive D r
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