DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1971-08
3 October 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 1 October 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 25 August 1980 at age 21 and served
without disciplinary incident until 20 January 1981, when you
received nonjudicial punishment (NIP) for wrongful possession of
marijuana and were awarded a $300 forfeiture of pay and
restriction and extra duty for 45 days.
On 10 February 1983 you received NJP for a two day period of
unauthorized absence (UA) and were awarded a suspended reduction
in paygrade and restriction for 30 days. Approximately a year
later, on 8 February 1984, you received your third NUP for
wrongful use of controlled substances aboard ship. The
punishment imposed was a $761 forfeiture of pay, reduction to
paygrade E-3, and extra duty and restriction for 45 days.
On 13 February 1984, after undergoing a medical evaluation, you
were classified as an experimenter of drugs, but were not in need
of rehabilitation since you were not diagnosed as drug dependent.
Subsequently, on 12 March 1984, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 21 March 1984 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. On 29 March 1984 the discharge
authority approved this recommendation, and on 3 April 1984, 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 and assertion that you were not afforded drug
treatment. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your drug related misconduct. Further, you were given
an opportunity to defend yourself, but waived your procedural
rights to present your case to an ADB. Finally, the record
contains documented evidence that is contrary to your assertion.
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
W. DEAN PF
Executive D
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