DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3533-10
17 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, Undbed.
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 February 2011. 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 June 1975 at age 19 and served for
nearly two years without disciplinary incident. However, on 5
May 1977, you were convicted by special court-martial (SPCM) of
wrongful possession, transfer, and sale of lysergic acid
diethylamide (LSD), wrongfully attempting to possess, transfer,
and sell 25 tablets of mescaline, and larceny of $62.50. You
were sentenced to a $735 forfeiture of pay, reduction to paygrade
E-1, confinement at hard labor for four months, and a bad conduct
discharge (BCD). The BCD was suspended for six months.
On 22 June 1977 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB) and submit a
statement of rebuttal to the separation. However, on 19 July
1977, you waived your right to an ADB in an agreement with your
commanding officer for a recommendation of a general discharge.
On 22 July 1977 your commanding officer recommended discharge
under honorable conditions by reason of misconduct due to drug
abuse. On 4 August 1977 the discharge authority approved this
recommendation and directed your commanding officer to issue you
a general discharge under honorable conditions by reason of
misconduct due to drug abuse, and on 12 August 1977, 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, period of satisfactory service,
and desire to change the characterization of 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 which
resulted in a SPCM. The Board concluded that you were fortunate
to receive a géneral discharge since a punitive discharge is
normally issued when a Sailor is separated due to drug abuse.
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,
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