DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
 
Docket No: 8013-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a 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, sitting in executive session, considered your application on 16 October 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active duty on 27 April 1970.  You served for a year and nearly seven months without disciplinary incident, but on 8 June 1972, you made a written request for discharge for the good of the service to avoid trial by court-martial for wrongful possession of marijuana.  Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your request was granted and the commanding officer directed your other than honorable (OTH) discharge.  As a result of this action, you were spared the stigma of a court-martial conviction, the potential penalties of a punitive discharge, and confinement at hard labor.  On 28 July 1972, you were discharged under OTH conditions. 
 
The Board carefully weighed all potentially mitigating factors including your contention that you were discharged due the possession of a very small amount of marijuana.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in your request for discharge.  In regard to your contention, the Board relied on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, presumed that they have properly discharged their official duties.  A service member’s offenses, including even isolated offenses may warrant court-martial or separation to maintain proper order and discipline.  The Board, in its review, discerned no material error or injustice in the discharge. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.