DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 10395-09
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 27 July 1967 at age 18 and served
without disciplinary infraction until 3 September 1969, when you
became the subject of a naval investigation regarding the use of
illegal and/or dangerous drugs. As a result, on 27 October 19:69 ,
you were notified of pending administrative discharge action by
reason of unfitness. After waiving your procedural rights, you
elected to submit a statement regarding the circumstances for
which discharge had be initiated. At that time you admitted to
wrongful in-service drug involvement, specifically, illegal use
of marijuana, and hashish, and unauthorized use of a prescription
drug, Darvon.
On 18 November 1969 your commanding officer recommended discharge
under other than honorable conditions by reason of unfitness due
to your wrongful use of marijuana and hashish, and unauthorized
use of Darvon. However, on 21 November 1969, an enlisted
performance board (EPB) recommended a general discharge by reason
of unfitness. On 25 November 1969 the discharge authority
approved the recommendation of the EPB and directed your
commanding officer to issue you a general discharge under
honorable conditions by reason of unfitness, and on 10 December
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. It also
considered your assertion that you were wrongfully discharged as
a result of being “railroaded” during a naval investigation into
illegal drug usage. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your self-admitted drug
related misconduct. Finally, Sailors with a record of drug use,
even under today’s standards, normally receive discharges under
other than honorable conditions, and as such the Board noted that
you were fortunate to receive a general characterization of
service. 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,
\ aN
ROBERT D. SALMAN
Acting Executive Director
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