DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1526-12
27 November 2012
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 20 November 2012. 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 2 August 1972 and immediately
began a period of active duty. You served for about five months
without disciplinary incident, but on 9 January 1973, you
received nonjudicial punishment (NUP) for wrongful possession of
alcoholic beverages in the barracks.
On 7 July 1975 you received NJP for failure to obey a lawful
order. Also in July 1975, you were the subject of a criminal
investigation regarding the search and seizure of marijuana. The
investigative report reflects that you were in a car where
marijuana would found under the hood/on top of the engine cover.
It also reflects that 33 bags (380.17 grams) of marijuana were
found in your wall locker and a box/.04 grams of marijuana was in
your cubicle.
Subsequently, you were administratively processed for separation
by reason of unfitness due to drug abuse. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 28 November 1975 an ADB
recommended discharge under other than honorable conditions by
reason of unfitness due to drug abuse. On 23 December 1975 the
commanding officer, in concurrence with the ADB, also recommended
discharge under other than honorable conditions by reason of
unfitness due to drug abuse. On 31 December 1975 the discharge
authority approved these recommendations and directed an other
than honorable discharge by reason of unfitness, and on 19
January 1976, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge
for financial and medical reasons. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your alcohol and drug related misconduct. Accordingly, your
application has been denied.
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,
BRIAN J. GEORGE
Head, Discharge Review Section
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