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

Docket No: 0128-19 
Ref: Signature date 


This letter 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 that 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 5 February 2020.  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 Reserve and began a period of active duty for training on 29 July 1969.  You were subsequently released from your initial tour of active duty with an honorable characterization of service on 30 January 1970.  On 3 October 1972, you were evaluated and diagnosed with anti-social personality and underwent treatment.  You missed your scheduled reserve drills from June 1972 through March 1973 without excuse.  You and your spouse provided statements attesting to your consistent wrongful use of drugs (“LSD,” cocaine and marijuana).  Subsequently, you were notified of pending administrative action to separate you from the naval service because of unfitness and shirking.  You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  

Your commanding officer (CO) then recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service for shirking.  The CO noted that during the period from June 1972 to March 1973, you repeatedly missed scheduled drills without contacting your unit in an effort to make up drills or provide valid excuses for your absence.  Additionally, you stated to the Inspector-Instructor that you had been a user of drugs, which was corroborated in a statement provided by your spouse.  The Staff Judge Advocate found the proceedings sufficient in law and fact to support the recommendation for an OTH discharge.  The discharge authority directed administrative discharge from the naval service with a OTH characterization of service by reason of unfitness.  On 30 May 1973, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your contention that you were given an OTH discharge with only a Captain’s mast hearing.  The allegation was that you had consumed amphetamines.  You state that you had not been given a drug test and, other than the anonymous allegation, there was not any evidence produced to substantiate the allegation.  You contend that the OTH discharge has been overly punitive for the last 44 years.  You state that you have been denied jobs and housing due to this discharge.  However, the Board concluded that these factors were insufficient to warrant relief given your unsatisfactory participation in the reserves.  In regard to your contention that you allegedly consumed amphetamines but that there was no evidence to substantiate the allegation, this Board is not an investigating agency.  Nor does it have the resources to investigate unsubstantiated allegations regarding individuals and occurrences.  A review of your service record indicates that you and your spouse admitted to your use of drugs and that, in any event, you were separated for shirking your drill requirements after being notified of, and waiving, your procedural rights.  Accordingly, under the totality of the circumstances, the Board discerned no material error or injustice in your 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. 
Sincerely,