DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490°
TJR
Docket No: 4883-13
29 April 2014
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 April.2014. 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. 7
You enlisted in the’ Navy and began a period of active duty on 8
March 1966. You served without disciplinary infraction until
February 1968, when you were charged with alleged wrongful
possession and use of marijuana. “However, the record does not
reflect the disciplinary action taken for this misconduct.
During the period from 19 June to 3 December 1968 you received
nonjudicial punishment (NJP) on two occasions and were convicted
by summary court-martial (SCM). Your offenses were assault,
disrespect, breaking restriction, failure to obey a: lawful order,
and two specifications of disobedience.
On 20 March 1969 you were the subject of an investigation at
which time you admitted to wrongfully smoking marijuana while you
were stationed in the Republic of Vietnam (RVN). As a result, on
17 April 1969, you were notified of administrative separation by
reason of unfitness due to drug abuse. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 30 July 1969 an ADB
Bete
recommended separation under other than honorable conditions by
reason of unfitness due to drug abuse. On 12 August 1969, your
commanding officer, in concurrence with the ADB, also recommended
discharged under other than honorable conditions by reason of
unfitness due to drug abuse. Shortly thereafter, the discharge
authority approved these recommendations and directed discharge
under other than honorable conditions by reason of unfitness, and
on 26 August 1969, you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, combat service in RVN, and desire to
upgrade your discharge. It also considered your assertion of not
being afforded a fair and just ADB. Nevertheless, the Board
concluded these factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct which
included the wrongful possession and use of marijuana.
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,
pS, 9
ROBERT D. ZSALMAN
Acting Executive Director
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