DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
TUR
Docket No: 7966-13
12 September 2014
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 26 August 2014. .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 and began a period of active
duty on 27 December 1973. You served without disciplinary
incident until 25 February 1974, when you received nonjudicial
punishment (NUP) for a three day period of unauthorized absence
(UA} .
On 11 March 1974 you were the subject of an investigation after
being apprehended for wrongfully smoking marijuana in the
barracks. Subsequently, you were referred for a medical
evaluation. As a resuit, on 19 March 1974, you stated that you
enlisted in the Marine Corps to avoid prosecution and did not
care what happened to you as long as you could get out.
Although it had been determined that disciplinary action was not
-Geemed appropriate at that time, you were recommended for an
administrative separation due to your moral turpitude and lack of
self-discipline which rendered you incapable of undertaking the
duties and responsibilities of the Marine Corps.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
drug abuse. On 3 April 1974, the discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct due to drug abuse,
and on iC April 1°74, you were so discharged.
“ihe Board, in its review of your entire record and application,
yarefully weighed afl potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that you were
» falsely accused df an offense which resulted in your separation.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case because of the
seriousness of your drug related misconduct. Further, you were
given an opportunity to defend your actions, but waived your
procedural rights. Finally, there is evidence in the record that
is contrary to your assertion of being falsely accused of the
oifense which resulted in your discharge. 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.
Consequentiy, 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.
Sinceyely,
ROBERT J. O'NETFLL
Executive Director
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