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NAVY | BCNR | CY2006 | 02562-06
Original file (02562-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                 
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100

         TJR
 Docket No: 2562-06
          13       October  2006

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 3 October 2006. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 23 September 1969 at age 17. You served without disciplinary incident until 27 April 1970, when you made a statement regarding your use and possession of narcotics and/or illegal drugs, specifically, marijuana, hashish, and LSD, prior to and during your period of service. At that time you expressed your desire for an administrative discharge. As a result, on 4 June 1970, you were notified of pending administrative separation action by reason of unfitness due to drug abuse. After consulting with legal counsel you waived your right to present your case to an administrative discharge board (ADB), but submitted a written statement requesting a general discharge. On 7 July 1970 your commanding officer recommended a general discharge by reason of unfitness due to drug abuse. However, the discharge authority approved separation and directed discharge under other than honorable conditions, and on 31 July 1970 you were so discharged.







The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and assertion that you were able to freely use drugs while awaiting discharge and were not afforded rehabilitation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconduct and desire for discharge. Finally, there is no evidence in the record, and you submitted none, to support your assertions. Accordingly, 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,

W. DEAN PFEIFFER
Executive Director

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