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

SJN
Docket No: 06771-06
12 January 2007

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 10 January 2007. 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 23 August 1967 at age 20. You served over two years with incident until 15 June and 11 August 1970 when you were arrested by civil authorities for drug involvement. Although all charges were subsequently dismissed, during a later investigation by the Naval Investigation Service (NIS), you provided a statement in which you admitted to use and possession of marijuana and narcotics.

Based on this information, your commanding officer began administrative separation action by reason of unfitness. You then elected to waive the right to have your case heard by a board of officers. On 18 November 1970 your commanding officer recommended that you receive a general discharge by reason of unfitness. On 4 December 1970 the Chief of Naval Personnel directed a general discharge. You were so discharged on 6 June
1973.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. However, the board found that these factors were not sufficient to warrant recharacterization of your discharge given your involvement with drugs, and especially your statement to NIS during the investigation. 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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