DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04945-09
19 April 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 13 April 2010. 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
26 September 1967 at age 19. On 21 June 1968, you were the
subject of a psychiatric evaluation. During that examination, it
was revealed that you had used such drugs as barbiturates,
amphetamines, marijuana and lysergic acid diethylamide. On 3
July 1968, you were processed for an administrative discharge by
reason of unfitness due to drug use. You elected to waive the
right to have your case heard by a board of officers and on 17
July 1968 your commanding officer recommended an undesirable
discharge by reason of unfitness. On 1 August 1968 the
separation authority directed an undesirable discharge. You were
so discharged under other than honorable conditions on 15 August
1968),
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge due to your extensive use of drugs. 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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