DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

SMW
Docket No: 7795-06
16 February 2007

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 15 February 2007. 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.

On 28 May 1976 you enlisted in the Marine Corps at age 18. On 7 October and 12 November 1976 you received nonjudicial punishment (NJP) for two instances of unauthorized absence (UA) totaling about six days. On 15 November 1976 you were dropped from a service “A” school due to disciplinary infractions. During the period from 5 July to 28 July 1977 you were UA on two occasions totaling about 22 days, but it appears that no disciplinary action was taken for these offenses.

On 23 September 1977 you received emergency medical treatment which diagnosed you as overdosing on opium, marijuana, speed, and alcohol. You were later released from medical care in stable condition after a medical evaluation found that you had no neurological defect.

During the period from 22 December 1977 to 27 March 1978 you received two NJP’s and were convicted by a summary court-martial (SCM). Your offenses included four instances of absence from your appointed place of duty, wo instances of UA totaling about 19 days, disobedience of a law ul order, and dereliction in the performance of your duty.

On 12 April 1978 your commanding officer (CO) initiated administrative separation action by reason of misconduct due to frequent discreditable involvement. In connection with this processing, you acknowledged t at the separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 12 April 1978 your CO recortimened an other than honorable discharge. On 20 May 1978 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to frequent discreditable involvement. On 21 May 1978 you were apprehended by civil authorities and charged with aiding and abetting a larceny, but there is no disposition of that charge in he record. On 8 June 1978 you were separated with an other t an honorable discharge by reason of misconduct due to frequent is creditable involvement.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. The Board also considered your contention that you were never provided treatment or drug and alcohol abuse. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacerization of your discharge due to the seriousness of your misconduct. Regarding your contention, the record does show that you received emergency treatment for overdosing on drugs and alcohol and there is no evidence in the record to show that you were e er refused medical treatment, or that you ever requested drug or alcohol abuse treatment. Finally, the Board noted that ou waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper, as issued and no change is warranted.

Accordingly, your application h s been denied. The names and votes of the members of the pan I will be furnished upon request. It is regretted that the circumstances of your case are such that favorable action cannot be take . You are entitled to have the Board reconsider its decision u on 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.

The personal documents provide to the Board on 24 October 2006 are returned as requested.

Sincerely,

Enclosure:
(1) Documents