DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
TAL
Docket No: 11980-10
24 January 2011
This is in reference to your application for correction of your
‘naval record pursuant to the provisions of title 10 of the 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 January 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
16 August 1963 at age 17. On 1 March 1967, you were convicted by
summary court-martial (SCM) of a 49 day period of unauthorized
absence (UA) from your unit. On 3 March 1967, you made a
statement to the Naval Investigative Service (NIS) in which you
stated in part that your experimentation with a@rugs began in 1963
in San Diego, California, and in 1964 while in the Philippines,
you used barbiturates, heroin and marijuana. You stated that you
continued to use marijuana while on the USS SACRAMENTO and while
you were UA in Boston, Massachusetts, you used marijuana and
illegal drugs until you were apprehended. You were counseled
regarding your misconduct and warned that further offenses could
result in administrative separation. On 5 May 1967, you received
nonjudicial punishment (NJP) for a two day period of UA from your
unit. On 13 dune 1967, you received NIP for three instances of
UA from your unit that totaled a period of nine days and five
instances of disobeying a lawful order by not attending extra
duty. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived all of your procedural
rights, including your right to an administrative discharge board
(ADB). On 28 July 1967, you received the OTH discharge for
misconduct (drug abuse).
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
tresulted in two N@Ps and a SCM. Finally, the Board found that
Vou waived the ridbt to an ADB, your best opportunity for
fetention or a bet¥er characterization of service. Accordingly,
your application has been denied. The names and votes of the
qnembers of the p&nel 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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Low
W. DEAN Pk
Executive Di
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