DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8740-07
27 October 2008
This igs 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 21 October 2008. Your allegations of error and
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 22 October 1979 at age 17 and served
without disciplinary incident, until 20 August 1982, when you
received nonjudicial punishment (NJP) for two specifications of
failure to obey a lawful order and two periods of absence from
your appointed place of duty. On 10 November 1982, after
displaying an unusual behavior at work and a physical injury to
your ankle, you were referred for a urinalysis screening. As a
result of this screening your urine tested positive for
Marijuana. Subsequently, on 5 August 1983, you received your
second NUP for wrongful use of marijuana and were awarded
restriction for 60 days, reduction to paygrade E-3, and a $734
forfeiture of pay, which was suspended for six months.
On 30 September 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 30 September 1983 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. On 8 October 1983 the discharge authority approved this
:
‘
recommendation and directed an other than honorable discharge by
reason of misconduct due to drug abuse, and on 17 October 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 and desire to upgrade your discharge. It also
considered your assertion that you were told that your discharge
would be automatically upgraded six months after being
discharged. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct as evidenced by two NUJPs
and drug abuse. Finally, no discharge is automatically upgraded
due solely to the passage of time. 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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