DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2054-08
13 January 2009
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 13 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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 10 March 1981 at age 19 and began a
period of active duty on 26 March 1981. During the period from 10
December 1981 to 21 June 1982 you received nonjudicial punishment
(NJP) on three occasions and were convicted by summary court-
martial (SCM). Your offenses were failure to obey a lawful
order, three specifications of wrongful possession and use of
cocaine, wrongful use of marijuana, and failure to go to your
appointed place of duty.
On 8 July 1982 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and 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). However, you did submit a written
statement of requesting immediate execution of your discharge.
On 10 August 1982 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and drug abuse. On 12 August 1982 the discharge authority
approved this recommendation, and on 20 August 1982, 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, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that procedural
problems existed during the time you were tested for drug usage.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NJPs, SCM, and included wrongful use of marijuana and
cocaine. Further, the Board noted you had no desire to continue
serving in the Navy. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Accordingly, your application has been denied.
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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