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NAVY | BCNR | CY2014 | NR5587 14
Original file (NR5587 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 5587-14
4 May 2015

 

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 28 April 2015. 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 and began a period of active duty on
25 January 1966. On 30 December 1967 and 15 January 1968, you
received nonjudicial punishment (NJP) for unauthorized absence
and disobedience. On 9 April 1968, administrative discharge
action was initiated discharge you for unsuitability due to your
involvement with dangerous drugs. After being afforded all of
your procedural rights, on 22 April 1988, a board of officers,
confirmed your involvement with marijuana, and that you had a
tendency to resort to drugs because of your wrongful possession
and use of illegal drugs. Your case was forwarded to the
separation authority recommending that you received a general
discharge. On 29 May 1968, the separation authority concurred
and directed that you receive a general discharge due to
unfitness. You were so discharged on 5 July 1968.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to change your discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service given your two NUP, and wrongful use and possession of
illegal drugs. 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
discharged for misconduct. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 J. O’NEILL
Executive Director

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