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NAVY | BCNR | CY2002 | 10933-02
Original file (10933-02.pdf) Auto-classification: Denied
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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