DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TOR
Docket No: 5781-09
24 May 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 18 May 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 6 July 1965 at age 17 and served
without disciplinary incident until 13 July 1966, when you
received nonjudicial punishment (NUP) for a 19 day period of
unauthorized absence (UA).
On 18 April 1968 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 142 days. Shortly
thereafter, on 21 June 1968, you became the subject of a naval
investigation regarding the use of illegal and/or dangerous drugs
prior to your enlistment and during your period of service. As a
result, you were recommended for an administrative discharge.
However, the discharge was held in abeyance and you were warned
that any further misconduct would result in immediate discharge.
Nonetheless, on 6 October 1968, you were again the subject of an
investigation regarding illegal drug use.
Subsequently, you were notified of pending administrative
discharge action by reason of unfitness due to drug abuse. After
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of unfitness due to drug abuse. On 31 December 1968 the
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of unfitness, and on 15 January 1969, 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 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 drug related misconduct and lengthy periods of UA, which
resulted in NUP and conviction by SPCM. Finally, you were
afforded an opportunity to defend yourself and perhaps receive a
better characterization of service, but chose to waive your
procedural right to an ADB. 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,
\p\on
W. DEAN PF R
Executive r or
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