DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8114-07
8 October 2005
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 7 October 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 19 February 1980 at age 21 and served
without disciplinary incident until 3 July 1985, when you
received nonjudicial punishment (NJP) for wrongful use of
marijuana and were awarded a $600 forfeiture of pay, restriction
and extra duty for 45 days, and reduction to paygrade E-4.
Your record contains an administrative remarks entry dated 26
June 1986 in which you were identified as a drug and alcohol
abuser, and were offered rehabilitation. It also states, in
part, that because of your failure to comply with rehabilitation
and assume responsibility for your drug and alcohol problems,
rehabilitation was unsuccessful. On 16 July 1986 you again
received NJP for wrongful use of marijuana. The punishment
imposed was restriction and extra duty for 45 days, a $300
forfeiture of pay, and reduction to paygrade E-3.
Subsequently, on 7 August 1986, 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 2 September 1986 your commanding
officer recommended an other than honorable discharge by reason
of misconduct due to drug abuse. On 19 September 1986 the
discharge authority approved this recommendation, and on 26
September 1986, 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 assertion that you let personal problems cloud
your judgment. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your drug related misconduct which resulted
in two NUPs. Finally, you were given an opportunity to defend
yourself, but waived your procedural rights 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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