DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
SON
Docket No: 08381-08
29 July 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 21 July 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
25 June 1974 at age 17. On 11 and 28 November 1975, you received
nonjudicial punishment (NJP) for four periods of unauthorized
absence. Based on the information currently contained in your
record, on 1 March 1976, you were notified of pending
administrative separation action by reason of unsuitability based
on drug abuse as evidenced by a urinalysis test..
You were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. Your case was
forwarded and 17 May 1976, the separation authority directed that
you be separated with a type warranted by your service record
discharge by reason of unsuitability. You received a general
discharge on
2 March 1976.
Charackerization of service ig based in part on conduct and
proficiency averages computed from marks assigned on a periodic
basis. Your conduct average was 2.9. At the time of your
service, a conduct average of 3.0 was required for a fully
honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and contention that you
were forced to use drugs. Nevertheless, the Board found that
these factors were not sufficient to warrant a change in your
characterization of service given the two NJP’s and drug use.
Concerning your contention of forced drug use, there is no
evidence in the record to support it, and you submitted no such
evidence. 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,
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