DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 2730-13
7 February 2014
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 5 February 2014. 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
te establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
28 June 1972 at age 18. On 30 May 1973, you tested positive in
a urinalysis for the wrongful use of amphetamines. You were
admitted to the Navy Drug Rehabilitation Center {NDRC), Miramar,
California. You were found to be physically and psychologically
capable of handling the stress of the military and retained on
active duty. On 19 October 1973, you received nonjudicial
punishment for wrongful possession and use of marijuana and
entering an area where narcotics were being used. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB).
On 23 October 1973, you waived your ADB to accept an under
honorable conditions discharge. On 23 October 1973, you were
discharged with a general characterization of service.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge. The Board also believed that you were
fortunate to receive a general discharge since Sailors who are
separated for misconduct normally receive OTH discharges.
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,
Ve QI, fo ;
ROBERT D. ZSALMAN
Acting Executive Director
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