DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 02910-13
10 April 2014
This is 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 8 April 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
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
29 August 1968. The Board found that on 10 April 1969, you
received nonjudicial punishment (NIP) for two days of
unauthorized absence. On 6 February 1970, you made a voluntary
sworn statement to Naval Investigative Service personnel
regarding your wrongful use of marijuana before and after your
enlistment and lysergic acid diethylamide (LSD) after your
enlistment.
Subsequently, administrative discharge action was initiated by
reason of unfitness due to your admitted wrongful use of
marijuana, LSD, and other harmful drugs. You elected to consult
counsel and have your case heard before an administrative
discharge board (ADB). On 19 March 1970, the ADB recommended you
receive a general discharge due to unsuitability. On 15 April
1970, your commanding officer forwarded your case concurring with
the ADB's findings and recommendation. However, on 29 April
1970, the separation authority directed that you be discharged,
type warranted by your service record, by reason of convenience
of the government due to substandard personal behavior. On 8 May
1970, you received a general discharge based on your overall
conduct average marks.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. Your conduct average was 2.8. At
the time of your service, a conduct average of 3.0 was required
-for a fully honorable characterization of service.
The Board, in its review_of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, and desire to upgrade your
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in your
characterization of service given your NUP, statement regarding
your wrongful use of drugs during your enlistment, the reason for
your discharge, and failure to attain the required average in
conduct. Finally, the Board noted that you were fortunate to
receive a general discharge since a discharge under other than
honorable conditions is often directed when an individual is
involved in the wrongful use of marijuana, LSD, and other harmful
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,
ROBERT D. ZSALMAN
Acting Executive Director
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