DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 1467-03
29 July 2003
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 29 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 23 April 1984 at age 17. During the
period from 21 February to 4 April 1985, you received nonjudicial
punishment on three occasions. Your offenses were two periods of
unauthorized absence totaling about 14 hours, absence from your
appointed place of duty, fighting, and wrongful use of a
controlled substance.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to a pattern
of misconduct and drug abuse. In connection with this
processing, you elected to waive the right to have your case
heard by an administrative discharge board. After review the
discharge authority directed discharge under other than honorable
conditions by reason of misconduct due to drug abuse. You were
so discharged on 2 May 1985.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you desired to stay in the Navy. The Board found that these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your disciplinary
record and especially your use of drugs. The Board concluded
that the discharge was proper as issued and no change is
warranted.
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,
\
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