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NAVY | BCNR | CY2008 | 00071-08
Original file (00071-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

SIN
Docket No: 00071-08
11 December 2008

 

This is in refer
naval record pursuan
States Code, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 December 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

31 August 1979 at age 19. During the period from 14 June to

13 October 1982, you received three nonjudicial punishments
(NJP’s) for possession of marijuana, a brief period of
unauthorized absence (UA) , missing movement, and three days of
UA. On 20 November 1982, you were counseled and warned that
further misconduct could result in administrative discharge
action. However, on 19 February 1983, you received a fourth NUP
for a brief period of UA, and wrongful use of marijuana.

On 22 February 1983, administrative discharge action was

initiated to separa
abuse. You waived yo
On 25 February 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On

2 March 1983, the discharge authority directed an other than
honorable discharge by reason of misconduct. You were so
discharged on 7 March 1983.

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
four NUJP’s, one of which was imposed after you were counseled and
warned of the possible consequences of further misconduct, and
your drug use. Further, the Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterization of service. 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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