DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6140-10
8 April 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 5 April 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 2 October 1972 at age 19 and
immediately began a period of active duty. You served without
disciplinary incident until 1 June 1973, when you were convicted
by summary court-martial of a 73 day period of unauthorized
absence (UA). You were convicted by civil authorities on 23
September 1973 of marijuana possession. While in a UA status,
you were arrested by civil authorities on 3 December 1973 and
charged with two counts of dispensing marijuana. On 11 July 1974
you were convicted by special court-martial (SPCM) of a 53 day
period of UA.
On 9 July 1975 you began another period of UA that was not
terminated until you were apprehended and held in custody by
Civil authorities on 3 November 1975. Shortly thereafter, on 23
December 1975, you were convicted by civil authorities of
marijuana possession and sentenced to confinement for 12 months.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to civil conviction
and drug abuse. Although you waived your procedural right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB), an ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to civil conviction and drug abuse. Your
commanding officer, in concurrence with the ADB, also recommended
discharge under other than honorable conditions by reason of
misconduct. On 11 March 1976 the discharge authority approved
these recommendations and directed your commanding officer to
yissue you an other than honorable discharge by reason o£
a ae and on 18 March 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 and desire to upgrade your discharge. It also
considered your assertion that had you known that you only needed
three days left fora full term of service, you would have
remained in the Navy. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive drug
related misconduct in both the military and civilian communities.
Finally, there is no evidence in the record, and you provided
none, in support of your assertion. 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
i isi on 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.
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