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NAVY | BCNR | CY2007 | 04639-07
Original file (04639-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100






 SMW
 Docket No: 4639-07
17 December 2007




This is in reference to your application for correction of your naval record 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 12 December 2007. 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 w~s insufficient to establish the existence of probable material error or injustice.
On 7 August 1968, you enlisted in the Navy at age 19. On 19 July 1969, you had nonjudicial punishment (NJP) for use of
marijuana and introduction of marijuana on board a Navy ship for the purpose of use. On 21 July 1969, your commanding officer initiated administrative separation by reason of unfitness due to drug use. In connection with this processing, YOU acknowledged that separation could result in an undesirable discharge (tJD), waived the right to have your case heard by an administrative discharge board (ADB), and submitted a statement. Your commanding officer subsequently recommended a tJD, but also recommended probation. On 26 September 1969, you made a statement to the Naval Investigative Service in which you admitted buying one ounce of marijuana, bringing it on board the ship and using it while on board. On 6 November 1969, the separation authority approved the discharge recommendation, but directed a general discharge by reason of unfitness due to drug use. On 7 November 1969, you had NJP for possession of two liberty cards. On 18 November 1969, you were separated with a general discharge by reason of unfitness due to drug use.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for a better discharge. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug related misconduct. The Board noted that you were fortunate to have received a general discharge since most service members who are discharged due to drug use receive a tJD. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued 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.
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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