DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11351-07
19 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 18 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 29 July 1979 at age 18 and served
without disciplinary incident until 2 July 1981, when you
received nonjudicial punishment (NUP) for wrongful possession of
marijuana and were awarded restriction and extra duty for 45
days, a $500 forfeiture of pay, and a reduction in paygrade.
On 5 May 1983 you received NUP for wrongful use of marijuana.
The punishment imposed was restriction and extra duty for 30 days
and a $700 forfeiture of pay. On 9 May 1983 you were counselled
regarding deficiencies in your performance and conduct. You were
advised that any further deficiencies could result in
disciplinary action and an administrative separation. On 25 May
1983 your commanding officer submitted a substance abuse message
to the discharge authority which stated in part that your urine
sample tested positive, you were awarded NUP, and that you had
limited potential for continued service.
On 2 June 1983 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB). On 17 June 1983
an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 21 June
1983 your commanding officer, in concurrence with the ADB, also
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. On 24 June 1983 1985 the discharge
authority approved these recommendations, and on 27 June 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, post service conduct, and assertion that you no
longer use drugs. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive drug
related misconduct which resulted in two NUPs. Finally, there is
no evidence in the record, and you submitted none, to support
your assertion of being drug free. 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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