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
TRG
Docket No: 1243-99
9 July 1999
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 7 July 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 Navy on 15 June 1965 at
age 17. The record shows that you received nonjudicial
punishment on three occasions and were convicted by a special
court-martial. Your offenses were seven periods of unauthorized
absence totaling about 153 days. The record also shows that you
made a statement admitting to extensive marijuana and LSD use.
On 5 September 1968 you were notified of discharge processing by
reason of unfitness. In connection with this processing, you
elected to waive your right to have your case heard by an
administrative discharge board. That same day you were delivered
to civil authorities on a charges of possession of marijuana for
sale. On 26 September 1968 the discharge authority approved the
recommendation of your commanding officer that you be discharged
for unfitness with an undesirable discharge. You were so
discharged in absentia on 21 November 1968.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and your contention, in effect, that your offenses were
minor and you should have been allowed to stay in the Navy. The
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your multiple periods of unauthorized absence, drug abuse and
involvement with civil authorities. The Board concluded that the
discharge was proper as issued 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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