DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 °
TIR
Docket No: 1713-09
il January 2010
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 5 January 2010. The names and-votes-—of-the
members of the panel will be furnished upon request. 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 ail
‘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.
On 9 September 1972, prior to your enlistment in the Navy, you
signed pre-enlistment documents in which you responded “No” to
questions regarding the use of illegal drugs. About a month
later, on-2 October 1972, you enlisted in the Navy at age 17. On
13 November 1972 you submitted a statement regarding your: pre-
service drug use of marijuana and lysergic acid diethylamide
(LSD) during the period from January to July 1972. This
statement also noted that you wanted to be discharged because of
your fear of flashbacks from the use of illegal drugs.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to fraudulent
entry. At that time you waived your right to consult with legal
counsel and to submit a statement of rebuttal to the discharge.
Shortly thereafter, the discharge authority directed your
commanding officer to issue you a general discharge by reason of
misconduct, and on 28 November 1972, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your fraudulent entry which was the
result of your failure to disclose your complete history of pre-
service drug abuse. Accordingly, your application has been
denied.
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 D or
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