DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04115-08
5 February 2009
This is 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 23 January 2009. 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 14 November 1972, and served without
disciplinary incident until 17 January 1974, when you received
nonjudicial punishment (NUP) for failure to obey a lawful order
and failure to obey a general regulation. Additionally, on 12
February 1974, you were being investigated by the Naval Criminal
Investigative Services (NCIS) for the use and distribution of
illegal drugs.
Shortly thereafter, you received the following NUP’s: on 19
March 1974, for eleven specifications of unauthorized absence
(UA); and on 24 May 1974, for six specifications of UA and
failure to obey a lawful order.
In June 1974, you were arrested by civilian authorities for
driving without a license. On 17 July 1974, as a result of the
NCIS investigation, you were convicted in civilian court for the
selling and distribution of illegal drugs. You were sentenced to
90 days in county jail and therefore, were UA from your command
for 90 days.
Upon your release from jail, you were returned to military
authorities, and on 16 December 1974, you were separated from
military service due to frequent involvement of a discreditable
nature with a general discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. Furthermore, the Board believed that
considerable clemency was extended to you when you received a
general discharge. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
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
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