DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8182-07
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 8 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 28 April 1981 at age 18 and began a
period of active duty on 24 September 1981. You served without
disciplinary incident until 6 March 1982, when you received
nonjudicial punishment (NJP) for wrongful possession and use of
marijuana and were awarded a $550 forfeiture of pay and
restriction and extra duty for 30 days. About a month later, on
5 April 1982, you were convicted by civil authorities of
resisting arrest, battery on a police officer, and possession of
a glass container on the beach. You were sentenced to
confinement for one day and a $50 fine. On 12 August 1982 you
were convicted by special court-martial (SPCM) of larceny of
property in excess of $100 and housebreaking. You were sentenced
to restriction and hard labor for 60 days, a $700 forfeiture of
pay, and reduction to paygrade E-1.
On 16 June 1983 you received NUP for wrongful possession and use
of marijuana, and wrongful possession of drug paraphernalia and a
dangerous weapon. The punishment imposed was restriction and
extra duty for 45 days and a $514 forfeiture of pay. Shortly
thereafter, on 27 June 1983, 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 24 July 1983 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse and commission of a serious offense.
On 29 July 1983 the discharge authority approved this
recommendation and on 11 August 1983 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, post service conduct, and assertion that your
discharge was improper for the offenses for which it was based.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your drug related misconduct and the seriousness of
your misconduct in both the military and civilian communities.
Further, you were given an opportunity to defend yourself, but
waived your procedural rights to present your case to an ADB.
Finally, the record contains documented evidence that is contrary
to your assertion. 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,
wes
Executive Dil
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