DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1749-10
2 November 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 2 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Navy on 17
September 1969. You received nonjudicial punishment on two
occasions and were convicted by a special court-martial. Your
offenses included unauthorized absence (three specifications
totaling 34 days), conduct bringing discredit upon the armed
forces, and failure to obey a lawful order. During a
psychiatric evaluation, you admitted to wrongful use of
marijuana and lysergic acid diethylamide (LSD) while on active
duty. You were notified that your commanding officer was
recommending you for administrative separation with an other
than honorable (OTH) discharge due to unfitness. You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 29 December 1970, you
received an OTH discharge due to unfitness, and were assigned
an RE-4 (not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that you did not receive psychiatric help while on
active duty. However, the Board concluded that your discharge
should not be changed due to your misconduct and drug abuse.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
aservice. You are advised that no discharge is upgraded
. automatically due solely to the passage of time or post service
*good conduct. You are further advised that there is evidence
in your service record which is contrary to your allegation.
In view of the above, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
s
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,
\Sypacs
W. DEAN PF
Executive Diveetor
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