DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 11188-07
14 November 2008
This is 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 13 November 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 on 7 August 1978 at age 18 and served
without disciplinary incident until 3 May 1979, when you received
nonjudicial punishment (NJP) for a 13 day period of unauthorized
absence (UA). Shortly thereafter, on 12 July 1979, you received
NIP for absence from your appointed place of duty.
On 2 May 1980 you received NUP for wrongful possession of
marijuana and were awarded a $254 forfeiture of pay, reduction to
paygrade E-2, and restriction and extra duty for 30 days. About
five months later, on 17 October 1980, you were convicted by
special court-martial (SPCM) of wrongful possession, sale,
transfer, and conspiracy to sell marijuana. You were sentenced
to reduction to paygrade E-1, confinement at hard labor for two
months, and a $150 forfeiture of pay.
On 6 November 1980 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 28 January 1981 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. Subsequently, the discharge authority approved this
recommendation, and on 2 February 1981 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 assertion that you have paid for your past
offenses. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated drug related
misconduct. Finally, you were given an opportunity to defend
yourself, but waived your procedural rights to present your case
to an ADB. 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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