DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SIN
Docket No: 09066-07
3 November 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 21 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 and began a period of active duty on
26 September 1977 at age 19. On 25 June 1979, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty and disrespect. On 20 September 1979, you were
convicted by special court-martial (SPCM) of possession and
introducing 800 Thai Sticks (marijuana) onboard a naval vessel.
You were sentenced to a reduction in paygrade and a bad conduct
‘discharge (BCD). The BCD was suspended for a period of
12 months. On 11 January 1980, the convening authority approved
your sentence. However, on 27 March 1980, the Chief of Navy
Personal (CNP) directed that you be processed for an
administrative discharge.
On 17 April 1980, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. After
being advised of your procedural rights, you elected only to
submit a statement on your behalf. On 6 May 1980, your
commanding officer forwarded your case strongly recommending that
you be retained on active duty.
On 3 June 1980, CNP forwarded your case to the Secretary of Navy
recommending that you be separated from the Navy due to the
seriousness of the offenses. On 19 June 1980, the separating
authority concurred with the CNP, and directed that you be
discharged under other than honorable conditions by reason of
misconduct. On 3 July 1980 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in one
NIP and conviction by SPCM for a serious offence. 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, \
. EAN PF
Executive Di
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