DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10619-08
12 August 2009
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 11 August 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. The Board found that you entered active
duty in the Marine Corps on 21 October 1968. You received
nonjudicial punishment for wearing an unauthorized absence of
about 20 days. On 3 September 1969, a special court-martial
~ gonvicted you of wrongful appropriation of a vehicle. On
14 October 1969, you were suspected of using illegal drugs, and
you voluntarily admitted to using lysergic acid diethylamide
(LSD) and amphetamines. Based on your illegal drug abuse, you
were recommended for an other than honorable (OTH} discharge
for unfitness. After conferring with qualified military
counsel, you waived all of your rights, including your right to
an administrative discharge board (ADB).
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and
assertion that you received no legal advice. Nevertheless, the
Board concluded that these factors were not sufficient to
warrant upgrading your OTH discharge because of your misconduct
and drug abuse. The Board noted that you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. Your service record includes
documentation showing that you were offered legal advice. In
view of the above, 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,
\ ued
W. DEAN PF R.
Executive Dwrector
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