DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4805-01
19 December 2001
Dear-
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 December 2001.
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 25 October 1967 at
the age of 19.
Your record reflects that on 18 March 1970, during a Naval
Investigation Service (NIS) interview,
statement in which you admitted to possession and use of
marijuana prior to and during your enlistment.
You also stated
that you had used benzedrine on two or three occasions.
On 27
March 1970 you were notified of pending administrative separation
action by reason of unfitness due to drug abuse.
consulting with legal counsel , you elected to present your case
to an administrative discharge board (ADB).
recommended you be issued a general discharge by reason of
unfitness due to drug abuse.
officer also recommended a general discharge by reason of
unfitness.
foregoing recommendations and directed a general discharge by
reason of unfitness, and on 11 June 1970 you were so discharged.
On 5 June 1970 the discharge authority approved the
On 21 May 1970 your commanding
you submitted a written
After
On 7 May 1970 an ADB
The Board also considered your
However, the Board concluded these factors and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
character reference letters, and
letter of appreciation.
contention that you received poor legal advice regarding your
discharge.
contention were not sufficient to warrant recharacterization of
your discharge because of the serious nature of your drug related
misconduct during your enlistment.
there is no evidence in your record, and you submitted none, to
support your contention of inadequate advice from counsel.
all the circumstances of your case,
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Further, the Board noted that
the Board concluded your
Given
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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