et ee AF. Mots ~~ F mo INF. se
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
SJN
WASHINGTON DC 20370-5100
Docket No: 00457-13
23 October 2013
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 22 October 2013. 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 26 June 1973. The Board found that on 11 July 1973, you
submitted a sworn statement regarding your wrongful use of drugs.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to wrongful drug use. You waived your
rights to consult counsel, Submit a statement or have your case
heard by an administrative discharge board. Your case was
forwarded stating that you were separated with a general
discharge by reason of misconduct on 26 July 1973. On 27 January
1983, your characterization of service was changed to honorable
as a result of a civil action suit. Enclosed is a copy of your
Certificate of Release or Discharge from Active Duty (DD Form
214) and original honorable discharge certificate, which was
found when your record was ordered due to an incorrect address.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and desire
to have the authority for your honorable discharge removed from
your DD Form 214. Nevertheless, the Board found that these
factors were not sufficient to warrant removing the reason for
your discharge upgrade given your sworn statement regarding your
wrongful use of drugs, a copy of which is enclosed, and favorable
district court decision. 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,
\ iy Moan
W. DEAN PF F
Executive Di
Enclosures
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