DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TJUR
Docket No: 2403-08
23 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 22 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 17 February 1981 at age 18 and began
a period of active duty on 18 March 1981. During the period from
November 1981 to March 1982 you received medical assistance for
complaints of pain in your back, neck, shoulder, and hip.
You served without disciplinary incident until 29 July 1983, when
you received nonjudicial punishment (NJP) for two specifications
of failure to obey a lawful order, disrespect, and failure to go
to your appointed place of duty. Less than a month later, on 11
August 1983, you received NUP for five specifications of wrongful
use of marijuana. The punishment imposed was a $642.90
forfeiture of pay, reduction to paygrade E-2, and extra duty for
45 days. On 15 September 1983 you were found to be not drug
dependent, but were placed on antabuse for your alcohol abuse.
At that time you were not recommended for further service, but
you were also directed to attend Alcohol Anonymous meetings.
Shortly thereafter, on 28 September 1983, you admitted to
continued occasional use of marijuana and weekly consumption of
alcohol.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you waived your right to
present your case to an administrative discharge board (ADB) on
two separate occasions. On 17 October 1983 your commanding
officer recommended an other than honorable discharge by reason
of misconduct due to drug abuse. On 25 October 1983 the
discharge authority approved this recommendation and on 28
October 1983 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 your discharge was inequitable
because it should have been based your on medical condition,
specifically, injuries to your back, neck, shoulder, and hip.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which included
wrongful use of marijuana on numerous occasions. 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,
en ase
Executive or
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