DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8222-98
18 May 1999
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 11 May 1999.
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.
Your allegations of error and
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.
The Board found you'enlisted in the Navy on 22 June 1965 at the
age of 18.
Your record shows that you served for nearly a year
without incident but on 2 April and again on 4 August 1966 you
received nonjudicial punishment
unauthorized absence (UA) totalling four days.
thereafter, on 30 November 1966, you received NJP for absence
from your appointed place of duty.
forfeitures totalling $25.
fourth NJP for a 36 hour period of UA.
was forfeitures totalling $50 and restriction for 30 days.
On 13 May 1967 you received your
(NJP) for two incidents of
The punishment imposed was
The punishment imposed
Shortly
Your record further reflects that on 10 January 1968 you were
convicted by special court-martial
UA, missing the movement of your ship,
You were sentenced to confinement at hard labor for six months,
forfeitures totalling $540,
March 1968, during a Naval Investigative Service (NIS) interview,
you admitted.that you used illegal/restricted drugs while on
liberty.
NIS report noted, in part, as follows:
(SPCM) of a 37 day period of
and breaking restriction.
and reduction to
paygrade E-l.
The
On 21
"red devils".... (You) decided to try one.... (You)
(You) related that you first experienced the illegal use of
restricted drugs in February 1966 when (you) were on shore
(You) and two shipmates were drinking at a night
liberty.
club.... one shipmate left the night club and returned with
some
it made (you) get high,
VVpopped'l it with a beer chaser....
similar to the feeling of being drunk, but without a
hangover when the effect wore off.... because (you) could
get high off red devils without a hangover (you) continued
to take them every time (you) went on liberty.... (You) also
"red hearts".... (You) used to take 5 to 6 hearts
popped
which kept (You) awake and feeling good.... (Your) first
dealings with marijuana took place also when on liberty.
At this time you waived your rights to consult with legal
On 1 October 1968 you were notified that administrative
separation action had been initiated to separate you by reason of
unfitness due to drug abuse/use of barbiturates and dangerous
drugs.
counsel or to present your case to an administrative discharge
board.
On 11 October 1968 your commanding officer recommended
you be issued an other than honorable discharge by reason of
unfitness due to drug abuse and numerous military offenses.
Subsequently, the discharge authority directed your commanding
office to issue you an other than honorable discharge by reason
of unfitness due to drug abuse and numerous military offenses.
On 1 November 1968 you were so discharged.
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you would like your
discharge upgraded so that you do not have to continue to live
The Board
with the embarrassment of an undesirable discharge.
further considered your contentions that you were unaware of the
type of discharge you received until recently, thought your
discharge was under honorable conditions because of your periods
of UA and missing the movement of your ship, and signed the
discharge papers without knowing why you were being separated
because you only had seven more months to serve.
Board found the evidence and materials submitted were not
sufficient to warrant recharacterization of your discharge given
the frequency of your misconduct which resulted in four
a court-martial conviction and the seriousness of your drug
Given all the circumstances of your case the
related misconduct.
Board concluded your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
Hotiever, the
NJPs and
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
You are entitled to have the
favorable action cannot be taken.
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
existence of probable
on the applicant to demonstrate the
material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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