DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03503-11
1 February 2012
This igs 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 31 January 2012. 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
28 April 1969. The Board found that on 18 December 1969, you
submitted a voluntary statement admitting to pre-service use of
marijuana and in-service use of lysergic acid diethylamide (LSD)
and other illegal drugs. Subsequently, on 7 January 1970,
administrative discharge action was initiated and it was
recommended that you receive an undesirable discharge by reason
of unfitness. You elected to waive the right to have your. case
heard by a board of officers. On 12 January 1970, your
commanding officer forwarded your case recommending that you
receive an undesirable discharge by reason of unfitness. On
20 January 1970, the separation authority concurred and directed
an undesirable discharge by reason of unfitness. You were so
discharged on 26 January 1970.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your statement of pre-service and wrongful
in-service use of LSD and other dangerous drugs. 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,
Ldan @hs
W. DEAN PFE
Executive Director
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