DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10751-07
27 June 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 25 June 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.
The Board found that you enlisted in the Navy Reserve on 12
January 1982 in the general assignment category of airman. You
later voluntarily accepted assignment to Boiler Technician
School. You received three nonjudicial punishments for offenses
which included wrongful use of marijuana on two occasions,
possession of marijuana, unlawful entry into an unauthorized
space, and dereliction of duty.
On 11 April 1983 your commanding officer recommended that you be
separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
When informed of the recommendation, you waived your rights to
legal counsel. After review by the discharge authority, the
recommendation for separation was approved and on 25 April 1983
you were separated with a discharge under other than honorable
conditions by reason of misconduct.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your performance while in
the service, post service accomplishments, and alleged lack of
counsel. The Board concluded that those factors are insufficient
to warrant recharacterization of your discharge, given your
involvement with unlawful drugs. In addition, there is no
indication that you were forced into the Boiler Technician rating
or that the rating was manned by drug and alcohol abusers which
led you to abuse drugs. 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,
Loop
W. DEAN P T
] reat
Executive Di
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