DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00338-08
22 August 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 21 August 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 in July 1978, and were granted a waiver
for prior drug usage. You served without disciplinary incident
until July 1979, when you received a nonjudicial punishment (NJP)
for drug usage.
Shortly thereafter, you were charged and found guilty at the
following NJP’s: In September 1980, for possession of an illegal
substance, February 1981, UA, May 1981, for possession of an
illegal substance, and August 1981, two specifications of UA,
insubordinate conduct, and possession of an illegal substance.
On 22 September 1981, you were recommended for separation by
reason of misconduct due to drug abuse with a discharge under
other than honorable (UOTH) conditions and a reenlistment code of
RE-4. Additionally, you were found to be drug dependent, however,
you waived all rehabilitation treatment. On 19 October 1981, the
discharge authority approved these recommendations and directed a
discharge UOTH conditions, and on 23 October 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. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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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