DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00351-08
21 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 January 1980 and served without
disciplinary incident until 3 June 1980, when you received a
nonjudicial punishment (NUP) for the illegal use of drugs.
Shortly thereafter, you were charged and found guilty at the
following NJP’s: On 10 February 1981, unauthorized absence (UA),
and insubordination toward a noncommissioned officer, and on 10
September 1981, illegal drug use.
On 2 November 1981, you were evaluated by the naval medical
clinic and deemed not drug dependent. At this time, you were
also recommended for administrative discharge by reason of a
pattern of misconduct due to drug abuse, with an other than
honorable (OTH) discharge and an RE-4 reenlistment code.
Additionally, on 6 November 1981, you were sent to a special
court-martial (SPCM) for charges of UA, possession of an illegal
drug and drug paraphernalia. On 7 November 1981, you consulted
with counsel and elected to waive your administrative separation
board.
On 17 November 1981, the separation authority approved these
recommendations and directed an OTH discharge, and on 9 December
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,
\s
Ww. PFEI
Executive Di
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