DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06957-08
22 May 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 May 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 and began a period of active duty on
10 March 1970 at age 17. On 6 January 1971, you received
nonjudicial punishment (NUP) for wrongful possession of
marijuana. Your punishment included restriction and a forfeiture
of pay.
On 28 January 1971, you were processed for an administrative
discharge by reason of unfitness. You elected to consult with
legal counsel and subsequently requested an administrative
discharge board (ADB).
On 3 February 1971, an ADB unanimously found that you had
committed misconduct, and recommended discharge under honorable
conditions. Subsequently, your commanding officer forwarded your
case concurring with the ADB’s findings but recommended an
undesirable discharge by reason of unfitness.
However, the separation authority directed a general discharge.
You were so discharged on 17 March 1971.
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 recharacterization
of your discharge given your NUP for drug possession. The Board
also noted that you were fortunate to receive a general discharge
since an undesirable discharge is often directed when an
individual is discharged for misconduct. 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,
a
DEAN PFE
Executive Divedgtpr
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