DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07470-07
1 July 2008
, your naval record and applicable statutes
January 1968,
separation. You were dischar
, Pursuant to the approval of your
f trial by court-martial for the
and use of marijuana. Your
Discharge Review Board (NDRB) under the terms of Special
Discharge Review Program. On 20 April 1978, the NDRB re-
determined that you did not qualify for discharge upgrading
under uniform standards for discharge review; consequently, you
are ineligible for the Majority of the benefits administered by
the Department of Veterans Affairs.
The Board was not persuaded that you were unfit for duty by
reason of physical disability on 17 January 1968. In addition,
it found that you would not have been entitled to disability
separation or retirement even if you had been unfit for duty, as
your discharge in lieu of trial by court-martial would have
precluded disability evaluation processing. The Board concluded
that the NDRB acted properly on 20 April 1978 when it declined
to affirm the upgrade of your discharge under uniform standards
for discharge review, given your request for discharge in lieu
of trial by court-martial for possession and use of marijuana,
and your extensive prior disciplinary record, which included
four instances of nonjudicial punishment, and convictions by two
summary courts-martial and one special court-marital.
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,
Executive Dir
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