DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SJN
WASHINGTON DC 20370-5100 Docket No: 6373—04
25 March 2005
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 23 March
2005. 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 5 March 1980 at age 19. During the period
from 17 July 1981 to 17 November 1983, you received four nonjudicial
punishments (NJP’s) for possession of marijuana seeds, roaches, and
residue, using provoking words and gestures, assault, five instances of
absence from your appointed place of duty, disobedience, two
specifications of misbehavior as a sentinel, and one unspecified
offense.
On 13 December 1983 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel, submit a
statement or have your case heard by an administrative discharge board
(ADB).
On 14 December 1983, the commanding officer forwarded his recommendation
that you be discharged under other than honorable conditions by reason
of misconduct. On 8 January 1984 the discharge authority directed an
other than honorable discharge by reason of misconduct due to a pattern
of misconduct. On 12 January 1984 you were so discharged.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
immaturity and the fact that you completed most of your enlistment.
However, the Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of four NJP’s, one
of which was for drug abuse. 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,
2
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