DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 566-11
17 October 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, gitting in executive session, considered your
application on 5 October 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
24 February 1970 at the age of 19. On 13 August 1970, you
received nonjudicial punishment (NIP) for unauthorized absence
(UA) from your unit for a period of 26 days. On 24 September
1970, you made a statement to a Naval Investigative Service {NIS)
agent admitting to using marijuana, lysergic acid diethylamide
(LSD), and amphetamines. On 6 October 1970, you were notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to unfitness. You elected to
consult with legal counsel and subsequentiy requested an
administrative discharge board (ADB). On 12 November 1970, the
ADB recommended an OTH discharge by reason of unfitness. The
separation authority agreed with the finding and recommendation
of the ADB and directed your commanding officer to issue you an
OTH discharge by reason of misconduct due to unfitness, and on
4 January 1971, you were 50 discharged. On 13 November 1974, the
Naval Discharge Review Board (NDRB) upgraded the characterization
of your discharge to general under honorable conditions based on
Secretary of Defense authority memorandum of 13 August 1971
(Laird Memo).
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
resulted in an NOP and drug use. The Board believed that you
were very fortunate to have your discharge upgraded to a general
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,
lp :
Executive tor
NAVY | BCNR | CY2011 | 00083-11
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. On 23 March 1972, you received NUP for being UA for four days. 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.
NAVY | BCNR | CY2013 | NR801 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2013. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 11280-10
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. On 3 May 19971 the discharge authority approved this recommendation and directed your commanding officer to issue you an other than honorable discharge by reason of unfitness due to drug abuse, and on 18 May 1971, you were so discharged. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2014 | NR7771 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 2015. 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. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
NAVY | BCNR | CY2010 | 02638-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2011. 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. Further, Marines with an extensive record of misconduct, such as yours, who are discharged by reason of unfitness normally receive discharges...
NAVY | BCNR | CY2009 | 04231-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 08013-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 06130-10
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. On 25 September and 28 November 1972 your command received two letters of indebtedness resulting from your failure to pay just debts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2010 | 10254-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 01752-09
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. On 1 January 1971, an ADB recommended an undesirable discharge by reason of unfitness due to drug abuse as evidenced by your wrongful possession and use of dangerous drugs, narcotics, and marijuana. Consequently, when applying for a correction of an official naval record, the burden is on...