DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Decket No: 5739-07
25 February 2008
This is in reference to your application for correction of vou?
“ a § : i Wf toy Sy a. as ae Lobes ”
naval record pursuant Lhe proviGgions of Pitie LO of the tnitec
States Code saction 155°?
A three-member panel of the Board for
A Correction of Naval
Records, sitting in executive session, considered your
application on 21 February 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Board.
your application,
thereof, your naval record,
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
Lu
injustice.
On 17 July 1979, you enlisted in the Naval Reserve at age 18 and
began a period of active service on 2 October 1979. During the
period 11 July 1980 to 7 April 1981, you had four nonjudicial
punishments (NJP's). Your offenses included three instances of
possession of a controlled substance and indecent exposure.
On 14 April 1981, your commanding officer initiated
administrative separation by reason of misconduct due to frequent
discreditable involvement and drug abuse. In connection with
this processing, you acknowledged that separation could result in
an other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board (ADB).
On 23 April 1981, you received a medical evaluation during which
you admitted using marijuana. On 25 April 1981, a drug
disposition message stated that you failed to show for three
substance abuse appointments. On 6 May 1981, you had NUP for
eight instances of failure to go to your appointed place of duty.
On 19 May 1981, the separation authority approved the separation
recommendation and directed an OTH discharge by reason of
misconduct due to drug abuse. On 26 May 1981, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that a DD Form 214 was
issued at the time of your discharge, which showed that you
received a general discharge due to failure to adapt.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your repetitive drug-related misconduct.
Regarding your contention, there is no evidence in the record to
show that you were ever issued a general discharge due to failure
to adapt. 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,
Ww. FAN P F
Executive D xr
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