DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 4804-09
26 April 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 20 April 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 26 April 1971 at age 17 and served
without disciplinary incident until 8 February 1982, when you
received nonjudicial punishment (NUP) for misbehavior as a
sentinel.
As a result of being in an unauthorized absence (UA) status, on 5
October 1972, you were the subject of an investigation. At that
time you admitted pre-service and in-service drug involvement,
specifically, illegal possession, sale, and use of illicit drugs
and narcotics. Shortly thereafter, on 12 October 1972, you
received NUP for two periods of UA totalling 16 days. On 14
December 1972 you received your third NJP for a three day period
of UA and wrongful use of marijuana.
Subsequently, you were processed for an administrative separation
by reason of unfitness due to drug abuse. Although your
commanding officer recommended discharge under other than
honorable conditions due to your wrongful use of glue, marijuana,
hashish, methadrine, amphetamines, barbiturates, and lysergic
acid diethylamide (LSD), the discharge authority directed your
commanding officer to issue you a general discharge under
honorable conditions by reason of unfitness, and on 21 December
1972, 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. 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 an extensive record of misconduct, such as yours, 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,
W. DEAN DERire
Executive Dixyedt
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