DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX -
WASHINGTON DC 20370-5100
TUR.
Docket No: 1752-09
11 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 6 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 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 13 May 1968 at age 17 and served
without disciplinary incident until 25 June 1970, when you
received nonjudicial punishment’ (NUP) for absence from your
appointed place of duty and violation of a general order.
Subsequently, you self-referred for drug abuse. At this time you
stated that you wrongfully possessed and used dangerous drugs,
narcotics, and marijuana. Upon completion of a psychiatric
evaluation, you were diagnosed with a sociopathic personality
disorder and drug abuse. ,
On 1 December 1970 you were notified of pending administrative
separation action by reason of unfitness due to drug abuse.
After consulting with legal coungei you elected to present your
case to an administrative discharge board (ADB). On 1 January
1971, an ADB recommended an undesirable discharge by reason of
unfitness due to drug abuse as evidenced by your wrongful
possession and use of dangerous drugs, narcotics, and marijuana.
Your commanding officer, in concurrence with the ADB, also
recommended an undesirable discharge by reason of unfitness. On
12 January 1971 the discharge authority approved these
recommendation and directed your commanding officer to issue you
an undesirable discharge and on 29 January 1971, you were so
discharged. However, on 27 March 1972, the Naval Discharge
Review Board (NDRB) changed the characterization of your service
and issued you a general discharge by reason of unfitness.
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
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant further recharacterization
of your discharge because of your misconduct which resulted in an
NOP and drug abuse. Further, the Board noted that you were
properly separated by reason of unfitness and that the NDRB
recharacterized your service to general under honorable
conditions. As such, the Board concluded that you were fortunate
to receive a general discharge. Accordingly, your application
has been denied.
tt 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,
nr
W. DEAN PRRI R
Executive Director
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