DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8442-08
14 May 2009
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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 ,
13 May 2009. 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 August 1969, you enlisted in the Marine Corps at age 19. On
24 September 1971, you had nonjudicial punishment {(NJP) for absence
from your appointed place of duty. On 11 November 1971, you were
granted a drug exemption for use of marijuana, dexedrine, and
lysergic acid diethylamide (LSD) during the period December 1969 to
November 1971. On 12 November 1971, suspended punishment from the
NJP was vacated due to disrespect. On 29 November 1971, you received
a psychiatric evaluation during which time you stated that you did
not feel the need for rehabilitation and that you had the ability to
contrel your drug use. The evaluation recommended administrative
separation due to unfitness because of your lack of desire for
rehabilitation and concluded with no psychiatric diagnosis.
On 10 December 1971, your commanding officer initiated administrative
separation by reason of unfitness due to unauthorized use of
drugs, and recommended a general discharge. . In connection with
this processing you acknowledged the separation action. On
23 December 1971, the separation authority approved the discharge
recommendation and directed a general discharge by reason unfitness.
On 21 January 1972, 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 belief that you received a general
discharge because of an unauthorized absence. Nevertheless, the
Board concluded that these factors and belief were not sufficient to
warrant recharacterization of your discharge. In this regard,
regulations in effect at that time authorized a general
characterization of service for members discharged due to unfitness
who were granted a drug exemption, but were not amenable to
treatment. 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,
AN
ROBERT D. SALMAN -
Acting Executive Director
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