DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8230-07
15 February 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 5 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 22 September 1982 at age 18. On 17
November 1983 you were convicted by a summary court-martial of
breach of the peace and assault. Subsequently you were counseled
on several occasions concerning your abuse of alcohol and drugs,
but were not found to be drug dependent. On 14 March 1984, you
received nonjudicial punishment for an unauthorized absence of
about six hours and possession of marijuana. On 12 December
1984, you were evaluated and found to be an abuser of drugs and
alcohol and your further involvement in abuse was considered
likely.
On 9 January 1983, you were convicted by civil authorities of
driving under the influence and not having a valid driver's
license. The sentence of the court included five days
confinement, a $250 fine and 50 hours of community service.
Based on the foregoing record, you were processed for an
administrative discharge. An administrative discharge board
(ADB) met on 23 January 1983 and inexplicably recommended your
retention in the Navy. The commanding officer disagreed with the
decision of the ADB and recommended a general discharge.
After review the separation authority recommended discharge by
reason of best interest of the service. On 9 May 1985 the
Assistant Secretary of the Navy (Manpower and Reserve Affairs)
approved a general discharge by reason of best interest of the
service and you were so discharged on 6 June 1985.
In your application, you are requesting that your record be
corrected to show that you were discharged in June 1986 vice the
discharge of 6 June 1985 now of record. As indicated, your
record clearly shows that you were discharged on 6 June 1985 and
there is no basis for a correction to show a later date of
discharge.
Additionally, the Board concluded that you were fortunate to have
received a general discharge since a discharge under other than
honorable conditions was authorized. Therefore, the Board
concluded that the general discharge of 6 June 1985 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,
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