DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 9410-17 
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 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 23 January 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, together 
with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations and policies.

You enlisted in the Marine Corps and began a period of active duty on 19 March 1968.  On 
7 April 1970, you received non-judicial punishment (NJP) for failure to be at your appointed
place of duty. On 23 July 1970, you again received NJP for absent from your appointed place of 
duty.  On 4 March 1971, you submitted a written request for separation for the good of the 
service in lieu of trial by court-martial for violation of a lawful navy regulation: use and sale of 
D-Lysergic Acid Diethylamide (LSD) on a military base and Charge II, possession and 
introduction into a military base of an illegal drug, and the use and sale of marijuana on a 
military base. 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 your commanding officer was 
directed to issue you an undesirable discharge for the good of the service of in lieu of trial by 
court-martial. On 22 March 1971, you were discharged with an undesirable characterization of 
service.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board considered your assertion that you wish you would have handled the 
situation better.  The Board noted that on 13 November 1974, the Naval Discharge Review 
Board (NDRB) changed your characterization of your discharge to general under honorable 
conditions pursuant to the Secretary of Defense Memorandum of 13 August 1971. The Board in 
its review, however, discerned no impropriety or inequity in your discharge and concluded that 
these factors were not sufficient to warrant relief in your case because of the seriousness of your 
misconduct. The Board believed that considerable clemency was extended to you when your 
request for discharge was approved, as a result of these action, you were spared the stigma of a 
court-martial conviction as well as the potential penalties of a punitive discharge and 
confinement at hard labor. The Board further concluded that you received the benefit of your 
bargain with the Marine Corps when your request for discharge was granted.

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence 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,

4/18/2019
 
Executive Director