DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2606-08
20 November 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
19 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 30 July 1970, you enlisted in the Navy at age 17 with parental
consent. During the period 8 July to 4 September 1971, you had
nonjudicial punishment (NJP) on three occasions. Your offenses
included two instances of unauthorized absence totaling three days
and failure to obey a lawful order. On 9 September 1971, you
received a medical evaluation during which you admitted using
lysergic acid diethylamide (LSD) about 100 times and marijuana about
200 times. The evaluation found no evidence of psychosis and you
were subsequently granted a drug exemption.
On 7 October 1971, your commanding officer initiated administrative
separation by reason of unfitness in which your characterization of
service could result in an undesirable discharge, but your commanding
officer indicated that it be determined as warranted by your service
record. In connection with this processing, you acknowledged that
separation could result in a general discharge. On 27 October 1971,
the separation authority approved the discharge recommendation by
reason of unfitness and directed that your characterization of
service be determined as warranted by your service record. On
1 November 1971, you were discharged with a general discharge by
reason of unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth. The
Board also considered the letters of character reference that you
submitted with your petition. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization of
your discharge due to your overall service record. 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 PF
Executive Dirdacflo
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