DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 243-08
28 August 2008
a
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 om 26 August 2008. Your allegations of error and
injustice weré 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 land 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.
You enlisted in the Navy Reserve on 9 June 1981 at age 19 and
reported for extended active duty that same day. During the
period from 22) January 1983 to 11 August 1983, you received
nonjudicial punishment on three occasions. Your offenses were
use of marijuana, possession of marijuana and drug paraphernalia
on board ship and two periods of unauthorized absence totaling
about nine days.
Based on the foregoing record, you were processed for an
administrative discharge. In connection with this processing you
elected to waive the right to have your case heard by an
administrative discharge board. After review, the discharge
authority directed discharge under other than honorable
conditions and you were so discharged on 7 December 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
worked hard while in the Navy and that you have been a good
citizen since your discharge. The Board found that these factors
and contention were not sufficient to warrant recharacterization
of your discharge given your record of repeated misconduct which
included several drug related offenses. 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 PFI
Executive
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