DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7400-10
6 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 30 March 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 March 1967 at age 19. On 27 November 1969, you were the
subject of a medical evaluation after the use of lysergic acid
diethylamide (LSD). You stated in part, that you had used LSD
for two and one half years. You also stated that you used
hashish, marijuana, amphetamines and mescaline occasionally. You
also admitted to taking LSD about 30 times before experiencing a
“bad trip”. Your command was notified that you were arrested by
the Lakehurst, NJ police department for possession and use of
LSD. You pled and were found guilty in municipal court on
10 December 1969 and sentenced to six months in jail, which was
suspended, and you were placed on probation for one year. You
were notified of pending administrative discharge processing
under other than honorable (OTH) conditions. You waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). On 18 February 1970, you received an OTH
discharge for misconduct due to civil conviction for drug
involvement. On 20 April 1972 the Naval Discharge Review Board
(NDRB) upgraded the characterization of your discharge to general
under honorable conditions.
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 given the seriousness of your misconduct that
resulted in a civil conviction. The Board also believed that you
were fortunate to receive a general discharge from the NDRB since
a separation under other than honorable conditions is often
directed when a Sailor is separated for misconduct. The Board
hoted that you waived the right to an ADB, your best chance for
retention or a better Characterization of service. 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,
\y pond .
W. DEAN PFE ]
Executive Di
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