DEPARTMENT OF THE NAV
Y
BOARIJ
FOR C OR RECTION OF NAVA
2 NAVY ANNEX
WASHINGTON DC 20370-510
L RECORDS ELP
0
Docket No. 5351-01
30 November
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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
28 November 2001.
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.
considered your application on
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.
You enlisted in the Navy on 30 August 1966 for four years at age
The record reflects that you served without incident until
19.
17 August 1967 when you received nonjudicial punishment (NJP) for
Thereafter, you
a two day period of unauthorized absence (UA).
were advanced to SN (E-3) and received the Vietnam Service Medal
On 2 April 1968 you
for service on board the USS SAINT PAUL.
were convicted by summary court-martial of a four day period of
UA.
and a forfeiture of $80.
You were sentenced to confinement at hard labor for 15 days
The record further reflects that on 29 November 1968 you were
arrested by civil authorities for being in a place where
marijuana was being used and on 8 January 1969, you were
convicted of that offense in civil court.
one year of probation.
You were sentenced to
On 15 January 1969 you were notified that you were being
considered for an undesirable discharge by reason of civil
conviction due to your involvement with narcotics.
advised of your procedural rights,
declined to consult with legal
You were
counsel or submit a statement in your own behalf, and waived the
right to present your case to an administrative discharge board.
An enlisted performance evaluation board convened in the Bureau
of Naval Personnel on 29 January 1969 and recommended that you be
separated with an undesirable discharge by reason of unfitness.
However, the record reflects during the following five months you
were retained in a legal hold status pending further disciplinary
action and since you were a possible witness in a general
martial.
to obey a lawful order, four periods of UA totaling about 12
You
days, and failure to go to your appointed place of duty.
were released from legal hold on 17 June 1969 and received the
undesirable discharge on 26 June 1969.
During this period, you received three
court-
NJPs for failure
The Board concluded that these
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
Vietnam service, and the fact that it has been more than 32 years
since you were discharged.
factors were insufficient to warrant recharacterization of your
discharge given your record of four
conviction and a civil conviction for a drug offense.
You have
provided neither probative evidence nor a persuasive argument in
support of your application.
The Board believed that you were
guilty of too much misconduct to warrant recharacterization to
honorable or under honorable conditions.
concluded 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.
NJPs, a summary court-martial
The Board thus
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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