DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10913-09
14 July 2010
Dea r specie
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 July 2010. 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 6 August 1970. You received
nonjudicial punishment on two occasions for wrongfully
displaying a reproachful gesture, wearing an unauthorized badge
on your uniform, and failure to muster for restriction (two
specifications). On 30 August 1971, you admitted to abusing
lysergic acid diethylamide (LSD), mescaline, marijuana,
amphetamines, and barbiturates while on active duty. You were
also in an unauthorized absence status for 133 days for which
it appears that no disciplinary action was taken. You were
notified of pending administrative separation action with a
general discharge due to unfitness. On 4 December 2006, you
received a general discharge due to unfitness, and were
assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
belief that you are entitled to an automatic upgrade of your
discharge. However, the Board concluded that your discharge
should not be changed because of your misconduct and drug
abuse. You are advised that there is no provision of law or in
naval regulations which allow for automatic upgrades of
discharges. The Board believed you were fortunate to have
received a general discharge, since when a Marine has committed
misconduct such as your, he would normally receive an other
than honorable characterization of service. 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,
\s
W. DEAN P
Executive
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