DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 3707-10
9 February 2011
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 8 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.
Prior to your enlistment in the Navy, you signed pre-enlistment
documents in which you responded “No” to questions regarding the
use of illegal drugs and civil involvement. Subsequently, on 24
March 1976, you enlisted in the Navy at age 17. Shortly
thereafter, on 29 March 1976, you were the subject of an
investigation regarding your pre-service drug usage and civil
arrests. The investigation stated, in part, that you had failed
to disclose that you had possessed, purchased, used, and sold
marijuana and hashish, and that you had been arrested for assault
and battery, public drunkenness, and stealing money. As a
result, you were notified of pending administrative separation
action by reason of misconduct due to fraudulent entry. In an
agreement with your commanding officer you waived your right to
consult with legal counsel and to submit a statement of rebuttal
to the separation in exchange for a recommendation for a general
discharge. The commanding officer recommended discharge under
honorable conditions by reason of misconduct due to fraudulent
entry. The discharge authority approved this recommendation and
directed your commanding officer to issue you a general discharge
by reason of misconduct, and on 14 June 1976, 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
discharge. Nevertheless, the Board concluded these factors were
Wot sufficient tofwarrant recharacterization of your discharge
because of the seriousness of your fraudulent entry which was the
result of your failure to disclose your complete history of pre-
service drug abuse and civil arrests. 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,
W. DEAN PFEIL
Executive Di
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