DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7577-09
4 June 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 27 May 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
28 February 1975 at age 20. You were the subject of an
investigation to determine whether you fraudulently enlisted by
concealing your pre-service drug use. It was found that you did
fail to disclose your pre-service drug use during the enlistment
process. On 29 April 1975, administrative discharge action was
initiated to separate you by reason of misconduct. On 4 May
1975, your commanding officer directed your separation.
Subsequently, on 7 May 1975 you were separated with a general
discharge due to misconduct.
The Board in its review of your application carefully weighed all
potential mitigating factors, such as your youth, and overall
record of service. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally, no
discharge is upgraded merely because of the passage of time.
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,
Loan,
W. DEAN PF
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Executive s
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