DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
5 September 2003
2429-03
of.Naval
You
or,injustice.
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
Records, sitting in executive session, considered your
application on 3 September 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
You enlisted in the Navy on 16 October 1978 at age 20.
satisfactorily completed initial training and on 7 February 1979
you reported to your first duty station.
During the period 15 March 1979 to 21 May 1980 you received
nonjudicial punishment on seven occasions.
unauthorized absence of about 38 days, absence from your
appointed place of duty,
marijuana, one instance of possession of hashish, failure to
report a theft, disobedience,
which caused a fire.
A special court-martial convened on 20 December 1980 and
convicted you of an unauthorized absence of about 55 days.
court sentenced you, as mitigated,
You began appellate leave on 12 June 1981 and remained in that
status until the bad conduct discharge was issued on 15 May 1984.
In its review of your application,
all potentially mitigating factors,
effect, that drug abuse led to your misconduct.
the Board carefully weighed
such as your contention, in
You claim that
and smoking in a dangerous manner
four instances of possession of
Your offenses were an
to a bad conduct discharge.
'The
you received drug rehabilitation and have not used drugs or
alcohol since 1995.
The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
your discharge given your record of misconduct, and especially
the lengthy period of unauthorized absence of which you were
convicted by the special court-martial.
Regulations state that
drug and alcohol abuse is not an excuse for misconduct and
disciplinary action is appropriate following drug and alcohol
related misconduct.
Even if you were drug dependent, the Board
believed that sometime during the period of unauthorized absence,
knowins decision to remain absent.
you must have made a
Board concluded that the discharge was
change is warranted.
Accordingly, your application has been
votes of the members of the panel will
It is regretted that the circumstances
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.
denied.
be furnished upon request.
of your case are such that
The names and
proper as issued and no
The
Sincerely,
Executive Di
2
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