DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
FC
Docket No: 03742-03
14 October 2003
This is in reference to your application for correction of your
naval recdrd 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 8 October 2003. 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 8 October 1968
at age 19. You served without inrident until 11 December 1969,
when you received nonjudicial punishment (NJP) for a brief period
of unauthorized absence. You were awarded restriction and extra
duty.
On 21 April 1970 you were convicted by general court martial
(GCM) of selling phencyclidine hydrochloride (PCP) and using
marijuana. You were awarded confinement at hard labor, reduction
to paygrade E-1 and a bad conduct discharge (BCD).
On 25 August 1970, you waived the right to request restoration to
duty and requested immediate execution of the BCD adjudged by the
GCM. On 27 August 1970, upon completion of appellate review, you
were separated with a BCD.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity, the length of time that has passed since you were
discharged from the Navy. However, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given your conviction by GCM of serious drug-
related misconduct and your waiver of the right to request
restoration to duty. ~ccordingly, 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,
Executive Dir
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