DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10172-07
9 July 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 2 July 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.
On 17 December 1981, you reenlisted in the Navy at age 21.
On 8 February 1982, a substance abuse evaluation found that
you were dependent on mood altering chemicals. On
14 February 1982, you had nonjudicial punishment (NUP) for
two instances of drunk and disorderly conduct and attempting
to cause bodily injury to yourself. On 1 March 1982, you
were counseled regarding your urinalysis that tested positive
for amphetamines and warned that further infractions could
result in disciplinary action or an other than honorable
(OTH) discharge. During March 1982, you began substance
abuse rehabilitation. On 14 and 23 April 1982, you had NIP
for a day of unauthorized absence (UA), possession of an
identification card with intent to deceive, and wrongful use
of reproachful words. On 27 April 1982, you began a period
of UA. On 10 May 1982, you were dropped from substance abuse
rehabilitation due to your continued use of drugs.
On 28 May 1982, your 31 day period of UA ended. on 25 and 26
July 1982, you were in a UA status.
On 10 August 1982, your commanding officer initiated
administrative separation by reason of misconduct due to drug
abuse. In connection with this processing, you acknowledged
that separation could result in an OTH discharge and waived the
right to have your case heard by an administrative discharge
board (ADB). On 26 August 1982, you were convicted by a
special court-martial of three periods of UA that totaled about
31 days. On 11 September 1982, the separation authority
approved the discharge recommendation and directed a general
discharge by reason of misconduct due to drug abuse. On
20 October 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and prior periods of honorable service. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. You are advised that there is no provision in
the law or regulations that allows for recharacterization of
service due solely to the passage of time. The Board also noted
that you waived the right to have your case heard by an ADB,
your best opportunity for retention or a more favorable
Characterization of service. Therefore, the Board concluded
that the discharge 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,
W. DEAN PF R
Executive ector
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