DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4963-08
20 February 2009
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 February 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 11 February 1965, you enlisted in the Navy at age 20. On
30 August 1967, you admitted using marijuana. On 6 September 1967,
your commanding officer initiated administrative separation by reason
of unfitness due to use of narcotics. In connection with this
processing, you acknowledged that separation could result in an
undesirable discharge (UD) and waived the right to have your
case heard by an administrative discharge board (ADB). On
13 September 1967, you had nonjudicial punishment for dereliction
in the performance of your duties. On 29 September 1967, your
commanding officer recommended a general discharge, but the
separation authority subsequently directed that you be discharged
with a UD by reason of unfitness. On 21 November 1967, you requested
retention in the Navy in order to serve in Vietnam, but the
separation authority denied your request and directed execution of
the UD. On 26 January 1968, you were separated with a UD 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 your belief that discharges during the time
that you served in the Navy were changed by a Presidential pardon.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to the
seriousness of your misconduct. Regarding your belief, there is no
Presidential pardon that applies to your case. The Board also noted
that you waived the right to have your case heard by an ADB, your
best opportunity for retention or a more favorable characterization
of service. 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,
Is “DEAN sane
Executive Dir
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