DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2911-07
11 February 2008
Thie 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 5 February 2008. 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 2 December 1981 at age 19. About
three months later, on 4 March 1982, you received nonjudicial
punishment (NJP) for two periods of unauthorized absence (UA)
totalling 37 days. The punishment imposed was correctional
custody for 30 days, a $600 forfeiture of pay, and a reduction in
rate. On 8 June and again on 5 November 1982 you received NUP
for purchasing and contributing alcohol to a minor and wrongful
use of marijuana.
On 7 May 1985 you received your fourth NUP for wrongful use of
marijuana and were awarded reduction to paygrade E-2, a $758
forfeiture of pay, extra duty for 30 days, and restriction for 45
‘days. The next day, on 8 May 1985, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 1 June 1985 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. On 7 June 1985 the discharge
authority approved this recommendation and directed an other than
honorable discharge, and on 17 June 1985 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 assertions that your discharge is hindering your
ability to provide for your family, and you have paid for your
lack in judgment. It also considered your assertion of legal
misrepresentation and that you believe your punishment was too
harsh since you did not commit a felonious act. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive drug and alcohol related misconduct. Finally,
there is evidence in the record that is contrary to your
assertions. 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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