DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:10933-02
14 October 2003
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 8 October 2003. 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 14 October 1981 at age 19. You
served without disciplinary incident until 11 November 1982 when
you received nonjudicial punishment (NJP) for disobedience and
making a false official statement. The punishment imposed was
restriction and extra duty for 30 days and a $150 forfeiture of
pay.
On 27 January 1983 you received NJP for a two day period of
unauthorized absence (UA), failure to obey a lawful order,
breaking restriction, two specifications of disobedience, missing
the movement of your ship, and wrongful use of controlled
substances. The punishment imposed was a reduction to paygrade
E-1, restriction for 60 days, and a $600 forfeiture of pay. On
30 March 1983 you received a third NJP for wrongful use of
controlled substances and failure to obey a lawful order. The
punishment imposed was restriction and extra duty for 45 days
and a $550 forfeiture of pay.
Subsequently, on 13 May 1983, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board. On 17 May 1983 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. On 23 May 1983 the discharge
authority then directed an other than honorable discharge by
reason of misconduct, and you were so discharged on 9 June 1983.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your assertion that you have
undergone drug treatment. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct, which
included three specifications of wrongful use of controlled
substances. 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
existence of probable
on the applicant to demonstrate the
material error or injustice.
Executive Di e Y!iv
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