DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 23-01
22 January 2002
Your allegations of error and
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 15 January 2002.
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 12 May 1969 at
age 20.
The record reflects that on 13 January 1971 the Naval
Investigative Service found a pipe with hashish in your car.
Additionally, a confidential
informat implicated you in the use
of marijuana.
You stated that you had not used marijuana since
1970.
On 11 March 1971 the
tiommanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to drug abuse.
elected to waive the right to present your case to an
administrative discharge board.
for separation was approved but the discharge authority directed
a general discharge and you were so separated on 30 March 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you did not use marijuana as alleged, and
your accuser was prejudiced against you because you are Hispanic.
When informed of the recommendation, you
After review, the recommendation
Further, the Board noted that you waived an
Concerning your contention
The names and votes of the members of the panel will be
the one opportunity you had to
Accordingly, your application has been
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
your repeated involvement with drugs.
of racism, you have submitted no evidence to support such a
contention.
administrative discharge board,
prove your innocence.
denied.
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 on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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