DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3415-11
17 January 2012
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 12 January 2012. 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 23 February 1968 at age 20 and began
a period of active duty. You served without disciplinary
incident until 27 March 1969, when you received nonjudicial
punishment (NUP) for a four day period of unauthorized absence
(UA)... After undergoing a psychiatric evaluation and as a result
of an investigation regarding your use of illegal drugs, on 11 ©
and 14 April 1969 you admitted being a long time user of drugs
which included, but was not limited to “grass, speed, heroin,
barbiturates, and lysergic acid diethylamide (LSD)” extensively
prior to enlistment, and that you enlisted in the Navy because
the police were on your trail. Subsequently, you were diagnosed
with a passive aggressive personality and recommended for an
administrative separation.
On 14 May 1969 you received NUP for failure to observe reveille
and failure to obey a lawful order. The punishment imposed was
correctional custody for 15 days, which was suspended for six
months. Subsequently, you were processed for an administrative
separation by reason of unfitness due to drug abuse. After
waiving your procedural rights to consult with legal counsel and
to present your case to an administrative discharge board (ADB),
your commanding officer recommended discharge under other than
honorable conditions by reason of unfitness due to drug abuse.
The discharge authority approved this recommendation and directed
separation under honorable conditions by reason of unfitness due
to drug abuse. On 23 May 1969 you were so discharged and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, history of military
involvement, and desire to upgrade the characterization of your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to.warrant recharacterization of your discharge
because of the seriousness of your misconduct, which resulted in
two NJPs, and included an extensive use of drugs. Finally, the
Board noted that you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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
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,
NAVY | BCNR | CY2012 | 01526 12
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 11339-07
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 15 November 1968 you were convicted by special court-martial (SPCM) of three periods of UA totalling 64 days and sentenced to confinement at hard labor for three months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2011 | 12541 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. Your commanding officer, in concurrence with the ADB, also recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 03179-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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. You served without disciplinary infraction until 7 May 1990, when you began a three day period of unauthorized absence (UA) that was not...
NAVY | BCNR | CY2009 | 05781-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 May 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 probable...
NAVY | BCNR | CY2011 | 03502-11
A three-member panel of ‘the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 January 2012. 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, Navy regulations state that all CO’s must process for separation Sailors who have committed misconduct due to drug abuse, and since you...
NAVY | BCNR | CY2012 | 06760 12
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. You enlisted in the Navy and began a period of active duty on 15 May 1987. 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 | CY2011 | 02718-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 2012. 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 § March 1993, you received the OTH discharge due to misconduct for drug abuse (use)).
NAVY | BCNR | CY2010 | 00364-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 September 2010. You waived your rights to consult with counsel and request an administrative discharge board (ADB). 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 | 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...