DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 682-08
1 December 2008
This ig 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 25 November 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 24 June 1966 at age 17 and served for
eight months without disciplinary incident. However, on 8
February and again on 11 April 1967 you received nonjudicial
punishment (NUP) for using profanity and a four day period of
unauthorized absence (UA). On 5 June 1967 you were convicted by
summary court-martial (SCM) of wrongful use of harmful drugs,
being incapacitated for duty, and wrongful possession and use of
marijuana. On 30 October 1967 you were convicted by special
court-martial (SPCM) of breaking restriction and two periods of
UA totalling 75 days.
On 21 November 1967 you were notified of pending administrative
discharge action by reason of unfitness due to frequent
involvement of a discreditable nature with military or civilian
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 24 November 1968 your commanding
officer recommended discharge under other than honorable
conditions by reason of unfitness due to frequent involvement of
a discreditable nature with military or civilian authorities as
evidenced by possession and use of marijuana and other harmful
drugs/narcotics, specifically, lysergic acid diethylamide (LSD).
On 19 December 1967 the discharge authority approved this
recommendation and directed separation under honorable conditions
by reason of unfitness and on 24 January 1968 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 and desire to have your discharge upgraded. It also
considered your assertion that you were a conscientious objector
and are now participating in a drug rehabilitation program.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
resulted in two NUPs and two court-martial convictions, and
included drug abuse. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. 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,
\o.
W. DEAN SER
Executive
NAVY | BCNR | CY2010 | 06191-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04498-09
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. On 12 September 1980, you received NUP for 16 periods of failure to go to your appointed place of duty and a 20 day period of UA. 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...
NAVY | BCNR | CY2010 | 11286-10
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After waiving your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB), your commanding officer recommended separation under other than honorable conditions by reason of misconduct due to frequent involvement of a discreditable...
NAVY | BCNR | CY2007 | 11339-07
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. On 15 November 1968 you were convicted by special court-martial (SPCM) of three periods of UA totalling 64 days and sentenced to confinement at hard labor for three months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2012 | 08056 12
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. After waiving your procedural right to consult with legal counsel and to present your case to...
NAVY | BCNR | CY2010 | 06130-10
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. On 25 September and 28 November 1972 your command received two letters of indebtedness resulting from your failure to pay just debts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 04524-09
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. However, on 11 October 1980, the discharge authority approved the recommendation for discharge, but directed your commanding officer to issue you a general discharge by reason of misconduct, and on 12 November 1980, you were so discharged. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 11117-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2006 | 01172-07
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 Marine Corps on 23 May 1972 at age 18. On 19 September 1973 you were again...
NAVY | BCNR | CY2011 | 04042-11
On 11 January 1977 you received NUP for absence from your appointed place of duty and two specifications of failure to obey a lawful order. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of the narrative reason for separation because of the seriousness of your repeated and frequent misconduct which resulted in nine NUJPs, counselling on several occasions for involvement of a discreditable...