DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11979-10
12 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 10 August 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 30 April 1971 at age 17. On 4 October 1971, you received
nonjudicial punishment (NJP) for unauthorized absence from your
unit for a period of 16 days. On 29 September 1971, you were the
subject of a mental health evaluation, You stated in part, that
you used marijuana, hashish and occasionally lysergic acid
diethylamide (LSD), to escape tension and your preoccupation with
personal problems. Based on the information currently contained
in your record it appears that you were subsequently
involuntarily processed for separation by reason of unfitness
(Qrug abuse). In connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. The record
clearly shows that on 29 November 1971, you were discharged with
a general characterization by reason of drug abuse.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your misconduct and in service drug use.
The Board also believed that you were fortunate to receive a
general discharge since a separation under other than honorable
conditions is often directed when a Marine is separated for
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
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,
lo Woe Rew
W. DEAN PFEIBF
Executive Divector
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