DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8129-07
9 October 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 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 5 August 1980 at age 19 and served
about three months without disciplinary incident. However, on 10
December 1980, you received nonjudicial punishment (NJP) for
wrongful possession of marijuana, two specifications of carrying
a concealed weapon, and buying stolen property. The punishment
imposed was a $400 forfeiture of pay and restriction and extra
duty for 20 days. On 2 March 1982 you received NJP for
communicating a threat and were awarded a suspended forfeiture of
pay.
On 23 May 1985 you received NUP for wrongful use of cocaine. The
punishment imposed was extra duty for 45 days, a $924 forfeiture
of pay, and reduction to paygrade E-4. Shortly thereafter, on 30
May 1985, 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
14 June 1985 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
On 30 June 1985 the discharge authority approved this
recommendation, and on 12 July 1985, 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 post service conduct. It also considered your
assertion that you were not afforded treatment for your chemical
dependency. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive drug related misconduct. Further, 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,
Lo Qond
W. DEAN PF
Executive Di r
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