DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 1536-12
27 November 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 20 November 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 18 May 1970 and immediately began a
period of active duty. You served without disciplinary incident
until 30 September 1971 when you received nonjudicial punishment
(NJP) for a five day period of unauthorized absence (UA).
During the period from 10 to 26 June 1972 you were in a UA status
for three days. You were also admitted to a drug rehabilitation
program where you disclosed the wrongful usage of dangerous
drugs, specifically, marijuana, amphetamines, barbiturates,
lysergic acid diethylamide (LSD), and hallucinogens, and advised
that administrative processing action was being initiated due to
your drug abuse. On 6 July 1972 you were convicted by special
court-martial (SPCM) of a 53 day period of UA and were sentenced
to confinement at hard labor for a month, a $384 forfeiture of
pay, reduction to paygrade E-1, and a bad conduct discharge
(BCD). On 14 November 1972 you received NJP for wrongful
possession of marijuana.
On 15 January 1973 you received your third NUP for two periods of
absence from your appointed place of duty. Subsequently, the BCD
was approved at all levels of review, and on 21 November 1973 you
were so discharged.
Your record reflects that on 17 March 1976, in accordance with a
recommendation of the Presidential Clemency Board, your BCD was
changed and you were awarded a clemency discharge pursuant to
Presidential Proclamation 4313.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your clemency
discharge. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive and lengthy periods of UA and
repeated use of dangerous drugs, all of which resulted in three
NIJPs and a court-martial conviction. Further, the Board noted
that the BCD was changed to a clemency discharge, but concluded
that a further change was not warranted. 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,
BRIAN J. GEORGE
Head, Discharge Review Section
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