DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 641-11
26 October 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 19 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
12 June 1968 at age 19. On 18 October 1968, you received
nonjudicial punishment for failure to obey a lawful order
(gambling). On 22 November 1971, you made a statement to the
Navy Investigative Service (NIS} that you unlawfully possessed
and used marijuana, lysergic acid diethylamide (LSD) and cocaine.
You also stated in part, that you unlawfully sold and transferred
cocaine. You were notified of pending administrative discharge
processing under other than honorable (OTH) conditions due to
misconduct (drug abuse). You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 2 May 1972, an ADB recommended that you be
separated with an OTH discharge for misconduct due to drug abuse.
Subsequently, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On
25 May 1972, you received NIP for failure to obey a lawful order.
On 31 May 1972, the separation authority approved and directed
that you receive a general discharge for misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
Vietnam 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 two NUPs and the wrongful use, possession and sale of drugs.
The Board also believed that you were fortunate to receive a
general discharge since a separation under other than honorable
conditions is often directed when a Sailor is separated for
misconduct. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
Yo
W. DEAN F
Executive D c
2
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