DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5722-10
11 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 9 February 2011. 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 and began a period of active duty on
6 October 1969 at age 18. On 7 July 1971, you were interviewed
by the Navy Investigative Service (NIS) and you made a voluntary
sworn statement admitting to in service use of marijuana,
hashish, lysergic acid diethylamide (LSD), and mescaline. You
further stated in part, that you used marijuana 50 to 75 times
and occasionally used mescaline five to 10 times and LSD four or
five times. On 29 July 1971, you were notified of pending
administrative discharge processing with a general discharge due
to unfitness.
You waived all of your procedural rights, including your right to
an administrative discharge board (ADB). On 18 August 1971,
you were discharged with a general characterization of service.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge. The Board also believed that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when a Sailor
is separated for misconduct. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
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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