DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7798-07
4 September 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 3 September 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 reenlisted in the Navy on 20 May 1981 after four years of
prior honorable service. You continued to serve without
disciplinary incident until 9 September 1983, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana. The
punishment imposed was restriction and extra duty for 30 days, a
$200 forfeiture of pay, and reduction in rate.
On 16 August 1984 you received NUP for wrongful possession and
use of marijuana. Shortly thereafter, on 20 August 1984, 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). Subsequently, on 18
September 1984, your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
On 27 September 1984 the discharge authority directed discharge
under other than honorable conditions by reason of drug abuse.
On 6 October 1984 you again received NJP for wrongful possession
and use of marijuana and were awarded a $596 forfeiture of pay,
reduction in rate, and extra duty and restriction for 45 days.
Subsequently, on 15 October 1984, you received an other than
honorable discharge by reason of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and assertion that your
discharge may have been influenced by your commanding officer’s
anger. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in three NJPs. Further, there is no evidence in the
record, and you submitted none, to support your assertion.
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.
You should contact the Department of the Navy, Navy Personnel
Command (BUPERS), Sailor Assistance Center, Code Pers-312F, 5720
Integrity Drive, Millington, TN 38055-3120 to request an
administrative correction to your social security number on your
Certificate of Discharge or Release from Active Duty (DD Form
214).
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,
\SdeaS
W. DEAN PF R
Executive or
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