D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1130-99
24 June 1999
Dear I
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 16 June 1999. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Naval Reserve on
5 August 1965 for six years. You were called to active duty for
two years on 4 August 1966 as an FA (E-2).
The record reflects that you served without incident until
26 October 1966 when you received nonjudicial punishment (NJP)
for drinking on a liberty boat and bringing alcoholic beverages
on board ship. You continued to serve without further incident
until 19 April 1967 when you were informed by Naval Investigative
Service agents that you were suspected of using narcotics. You
made a voluntary statement that you had been using narcotics
since the tenth grade and had smoked marijuana on numerous
occasions, both prior to and during your enlistment. You also
claimed that you had used lysergic acid diethylamide (LSD) about
ten times and had several "bad trips."
On 27 April 1967, you were convicted by special court-martial of
six periods of unauthorized absence totalling 32 days, unlawful
use of a special liberty authorization, and breaking restriction.
You were sentenced to confinement at hard labor for three months,
forfeitures of $48 per month for three months, and reduction in
rate to FR.
On 25 July 1967, you were notified that you were being
recommended for an undesirable discharge by reason of unfitness
due to unauthorized possession and use of marijuana and
hallucinogens. You were advised of your procedural rights and
waived your right to representation to counsel and presentation
of your case to an administrative discharge board (ADB). On
9 August 1967, an enlisted performance evaluation board convened
in the Bureau of Naval Personnel and recommended an undesirable
discharge by reason of unfitness. The Chief of Naval Personnel
approved the recommendation and directed an undesirable discharge
by reason of unfitness due to drug addiction, habituation, or the
unauthorized use of narcotics, hallucinogens, or other similar
know habit-forming drugs.
You received a second NJP on 13 September 1967 for a 21 day
period of UA, from 17 August to 8 September 1967. You received
an undesirable discharge on 22 September 1967.
In its review of your application, the Board weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, letters of reference attesting to your post-
service achievements, recovery from drug addiction, and your work
for the past 10 years as a drug abuse counselor in helping
recovering addicts and alcoholics. The Board concluded that the
foregoing factors were insufficient to warrant recharacterization
of your discharge given your record of two NJPs and a special
court-martial conviction. While drug abuse may be considered a
mitigating factor, it does not excuse misconduct. The Board
noted the aggravating factor that you waived an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions. Your discharge was
accomplished in compliance with applicable regulations and there
is no indication of procedural errors which would have
jeopardized your rights. A Federal Bureau of Investigation
report obtained by the Board noted that your post-service conduct
has been marred by convictions for attempted criminal drug
activity and attempted grand theft of property. The Board
concluded that the discharge was proper and no change is
warranted. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
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 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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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