DEPARTMENT OF THE NAVY —
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 "RG
Docket No: 5247-07
30 January 2008
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 23 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 30 August 1977 at age 21. During the
period from 10 May 1978 to 4 February 1980, you received
nonjudicial punishment on five occasions. Your offenses were
seven periods of unauthorized absence totaling about 75 days,
missing your ship's movement on two occasions and missing the
movement of a government aircraft on four occasions. On 18
October 1980 you were found to be drug dependent and recommended
for a rehabilitation program.
On 29 January 1981, the Commanding Officer, Naval Drug
Rehabilitation Center recommended discharge by reason of
misconduct because you had minimal participation in the
rehabilitation program. In connection with the discharge
processing, you waived the right to have your case heard by an
administrative discharge board. Subsequently, you requested an
immediate discharge without waiting for review by the discharge
authority and you were so discharged on 9 December 1980 with the
character and reason for discharge to be determined. After
review, the discharge authority directed the type of discharge
warranted by your service record by reason of substandard
personal behavior. The DD Form 214 shows that you were issued a
general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you should have been retained to complete the rehabilitation
program. The Board found that these factors and contention were
not sufficient to warrant recharacterization of your discharge
given the frequency of your misconduct and desire for an
immediate discharge. The Board believed that you were fortunate
to have been issued a general discharge since a discharge under
other than honorable conditions was authorized. 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,
Werrtgdl
Executive Dire
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