DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 5167-03
18 May 2004

MR XXXX

Dear Mr. XXX:

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 11 May 2004. 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 24 June 1969 at age 19. You served without disciplinary incident for nearly two years, but on 1 March 1971 you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and two specifications of failure to obey a lawful order. The punishment imposed was a $30 forfeiture of pay and restriction for 14 days. About two months later, on 6 May 1971, you were convicted by summary court-martial (SCM) of theft and were sentenced to a $25 forfeiture of pay and restriction for 21 days.

On 6 January 1972 you received NJP for wrongful use of marijuana and were awarded a $200 forfeiture of pay and reduction to paygrade E-2. Shortly thereafter, on 10 January 1972, you were notified of  pending administrative separation action by reason of unfitness due to frequent involvement of a discreditable nature with military authorities and drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. You also submitted a written request for a voluntary early discharge. On 11 January 1972 your commanding officer recommended separation by reason of unfitness due to frequent involvement of a discreditable nature with military authorities and drug abuse. Subsequently, the discharge authority directed a general discharge by reason of unfitness, and on 14 January 1972 you were so discharged.

The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, post service conduct, and your assertion that your discharge is unjust because it was based solely on one isolated incident. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your frequent misconduct which included theft and drug abuse. Additionally, most Sailors discharged due to unfitness received undesirable discharges. Therefore, you were fortunate to receive a general discharge. 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,

			                        W. DEAN PFEIFFER
  Executive Director

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