DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ER
Docket No: 6513-09
12 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 11 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 23 December 1968 at age 19. About a
month later, on 21 January 1969, you received nonjudicial
punishment (NJP) for two specifications of disobedience and
disrespect. Shortly thereafter, on 6 March 1969, you received
your second NUP for communicating a threat. On 19 March 1969 you
were convicted by summary court-martial (SCM) of disobedience and
disrespect. Less than a month later, on 16 April 1969, you
became the subject of a naval investigation regarding the use of
illegal and/or dangerous drugs prior to enlistment and during
your period of service. You admitted using various types of
drugs, specifically, heroin, marijuana, tuinal, seconal,
Nembutal, codeine, cocaine, and lysergic acid diethylamide, since
the age of 15. On 23 April and again on 17 June 1969, you were
convicted by SCM of two specifications of disobedience and
disrespect.
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 30 July 1969 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 12 September 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, post service conduct, and desire to upgrade your
Gischarge. It also considered your character reference letters
submitted in support of your case. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your self-admitted drug abuse and frequent misconduct which
resulted in NJP and conviction by SCM on three occasions.
Finally, you were given an opportunity to defend yourself and
perhaps receive a better characterization of service, but waived
your procedural rights. 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,
i ee oe ee
ROBERT D. SALMAN
Acting Executive Director
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