DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 9816-06
29 March 2007
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 28 March 2007. 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 applicati'on, 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.
On 25 July 1980 you enlisted in the Navy at age 17 with parental
consent. You then served without incident for about a year.
However, during the period from 30 July 1981 to 8 January 1983
you received four nonjudicial punishments (NJP's) and were
convicted by a summary court-martial (SCM). Your offenses
included five instances of unauthorized absence (UA) totaling
about 65 days, missing the movement of your ship, use and
possession of marijuana, failure to go to your appointed place of
duty, absence from your appointed place of duty and larceny. On
28 January 1983 you were counseled regarding deficiencies in your
performance and conduct, and warned that further infractions
could result in disciplinary action or administrative separation.
Subsequently, during a substance abuse evaluation, you disclosed
that you had continued to use marijuana and hashish. The
evaluation found that you were not dependent, and your commanding
officer (CO) did not grant you a drug exemption.
_On 1 February 1983 administrative separation was initiated by
reason of misconduct due to commission of a serious offense and
drug abuse. In connection with this processing, you acknowledged
that separation could result in an other than honorable discharge
and waived the right to have your case heard by an administrative
discharge board (ADB). On 4 March 1983 the separation authority
directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense. On
10 March 1983 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 the period of time that has elapsed since your
discharge. The Board also considered your contention that you
tried to apply for a hardship discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to your repetitive
misconduct, some of which was drug-related. Regarding your
contentions, there is no evidence in the record to show that you
tried to apply for a hardship discharge. But even if there were
such evidence, that would not excuse your misconduct.
Furthermore, there is no provision in the law or regulations that
allows for recharacterization due to the passage of time.
Finally, the Board noted that you waived the right to have your
case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service. Therefore, 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,
\o
W. DEAN P
Executive Dil
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