DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 01829-03
21 August 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 13 August 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.
The Board found that you enlisted in the Navy on 5 December 1983.
You served without incident until 21 November 1985, when you
received nonjudicial punishment (NJP) for use of marijuana and
were awarded restrictinn, extra duty+ anti a- rduc+,i%W- paygz&e
E-2. On 11 March 1986, a medical officer diagnosed you as being
psychologically dependent on drugs. On 20 March 1986 you
received a second NJP for a 54-day period of unauthorized
absence, missing ship's movement, and use of marijuana, and were
awarded restriction, extra duty, forfeitures of pay, and a
reduction to paygrade E-1.
-
On 30 March 1986, you were notified of administrative separation
processing and you waived all of your procedural rights. On 27
March 1986 the commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse and
commission of a serious offense. On 1 April 1986, the separation
authority directed that you be separated with an other than
honorable discharge by reason of misconduct, and that prior to
discharge, you be offered drug rehabilitation treatment at a
Veterans Administration (VA) facility. On 4 April 1986, you
were offered VA treatment but declined to participate. On that
same day, you were discharged under other than honorable
conditions by reason of misconduct.
In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity, and the' length of time that has passed since you
were discharged from the Navy. However, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your serious misconduct that included
two counts of drug use, missing ship's movement, and a lengthy
period of unauthorized absence. The Board also noted that you
declined VA in patient treatment when offered it. 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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