DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 05112-10
10 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 9 February 2011. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 19 June 1968. On 23 September 1971, you provided a urine
sample which tested positive for illegal drugs. On 8 October
1971, you disclosed to medical personnel that you had been using
heroin since 1 June 1971. On 30 December 1971, you received
nonjudicial punishment (NUP) for disobeying a lawful order. On
11 February 1972, you received NUP for being in an unauthorized
absence (UA) status on three occasions, and being absent from
your appointed place of duty. On 14 February 1972, you were
evaluated by a chaplain, and it was recommended that you be
separated. On 16 February 1972, you were notified that
administrative discharge procedures were initiated and that you
would receive a reenlistment code of RE-4 upon your separation.
The discharge authority directed a general discharge. You were
so discharged on 18 April 1972.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of two NJP’s for misconduct and your disclosure
of wrongful drug use. The Board also noted that you were
fortunate to receive a general discharge since a separation under
other than honorable conditions is often directed when an
individual is found to have committed misconduct. 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
‘resumption 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,
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