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NAVY | BCNR | CY2014 | NR2154 14
Original file (NR2154 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE fQ01
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 2154-14
6 April 2015

bear

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.

Although. your application was not filed ina timely manner, the
Board found it in the interest.of justice to.waive the statute (of
limitations -and. consider your application on-its merits. A. -
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on

11 March 2015. The mames 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 SEabuees,; 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 18 December 1970. The Board found that on 13 July 1972,
you were admitted to the hospital from an alleged overdose of
heroin and the ingestion of barbiturates. An investigation was
conducted and subsequently, you were processed for an
administrative discharge by reason of unfitness due to your
wrongful drug use. You elected to waive the right to have your
case heard by a board of officers. On 10 October 1972, your
commanding officer recommended that you receive an undésirable
discharge by reason of unfitness. On 29 November 1972, the
separating authority concurred and directed an undesirable
discharge. You were so discharged on 6 December 1972.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, the board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your wrongful drug use. The Board also noted that you waived the
right to have your case heard by a board of officers, your best
chance for retention or a better characterization of service.

* 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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.

 

ROBER . O'NEILL
Executive Director

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