DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TOR
Docket No: 11683-1060
25 August 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 23 August 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 3 March 1976 at age 1’ and
served for a year without disciplinary incident, but on 15 April
1977, you were convicted by summary court-martial (SCM) of
wrongful possession of marijuana.
Your record reflects that on 22 June 1978 you were the subject of
an investigation and subsequent disciplinary action because of
your wrongful possession of phencyclidine (PCP) and lysergic acid
diethylamide (LSD). It further reflects that on 19 September
1978 you began a period of unauthorized absence (UA) that was not
terminated until you were apprehended and held in confinement by
civil authorities on 3 October 1979. Shortly thereafter, on 22
October 1979, you were convicted by civil authorities of
conspiracy to possess and distribution LSD. You were sentenced
to confinement for four years, probation for five years, and to
pay $56 in court cost. A portion of the confinement was
suspended and you were returned to military custody. As a result
of your misconduct, the foregoing offenses, specifically wrongful
possession of PCP and LSD, and a 389 day period of UA, were
referred for trial. However, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
Nonetheless, on 16 November 1979, you were notified of pending
administrative separation action by reason of misconduct due to
civil conviction. At that time you waived your right to consult
with legal counsel and to present your case to an administrative
discharge board (ADB). On 27 November 1979 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to civil conviction. On
28 December 1979 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
civil conviction, and on 10 January 1980 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge so that you may
obtain veterans’ benefits and medical care. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct in both the military and civilian
communities and your lengthy period of UA from the Marine Corps.
Finally, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
Tt 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,
\widaout
W. DEAN Ei R
Fxecutive Director
\
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