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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3811-07
15 February 2008
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 12 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 27 May 1980 at age 18 and served
without disciplinary incident until 24 January 1982, when you
received nonjudicial punishment (NUP) for wrongful use of
marijuana and were awarded restriction and extra duty for 30
days, reduction to paygrade E-2, and a $400 forfeiture of pay.
On 15 July 1983 you were convicted by summary court-martial (SCM) ©
of two specifications of wrongful possession and use of
marijuana. You were sentenced to a $382 forfeiture of pay,
reduction to paygrade E-1, and confinement at hard labor for 30
days. Shortly thereafter, on 8 August 1983, a drug and alcohol
report stated, in part, that you refuse to participate ina
rehabilitation program for substance abuse.
About two months later, on 14 October 1983, you were notified of
pending administrative separation action by reason of misconduct
due to drug abuse and frequent involvement of a discreditable
nature with military authorities. After consulting with legal
counsel you waived your right to present your case to an
administrative discharge board (ADB). On 18 October 1983 your
commanding officer recommended an other than honorable discharge
by reason of misconduct due to drug abuse as evidenced by your
repeated positive urinalyses. On 4 December 1983 the discharge
authority directed discharge under other than honorable
conditions by reason of drug abuse, and on 8 December 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 desire to upgrade your discharge so that you may
obtain medical benefits. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive drug
related misconduct. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. 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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