DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08435-07
6 August 2008
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 5 August 2008. 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 26 January 1970 at age 17. On
4 February and 9 March 1971, you received nonjudicial punishment
(NJP) for three instances of absence from your appointed place of
duty and having a dirty uniform.
On 19 April 1971, you were notified of pending administrative
separation action by reason of misconduct due to wrongful use of
Marijuana. You elected to consult with legal counsel and
requested an administrative discharge board (ADB).
Subsequently, on 20 April 1971, a majority of the ADB found that
you had committed misconduct due to drug use, and recommended
discharge under honorable conditions. On 6 May 1971, your
commanding officer concurred with the majority of the ADB and
forwarded your case to the discharge authority for review. On 11
May 1971, you received NUJP for two periods of unauthorized
absence (UA) totaling 18 days, and missing movement.
On 21 May 1971, the discharge authority directed that you be
separated with a general discharge by reason of convenience of
the government. You were so discharged on 27 May 1971.
Characterization of service is based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.8. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your record of three NUP’s, one of which was for
the serious offense of missing movement, and which occurred after
you were notified of your pending separation for drug use. The
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is separated for drug use.
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,
\S ,
a
W. DEAN PFE
Executive Di xr
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