DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SJN
Docket No: 03165-08
12 February 2009
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This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 10 February 2009. 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 and began a period of active duty on
27 August 1980 at age 25. On 10 March and 28 April 1983, you
received nonjudicial punishment (NUP) for wrongful use of
Marijuana.
On 29 April 1983, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. On
3 June 1983, an administrative discharge board (ADB} found that
you did commit misconduct due to drug abuse and recommended that
you be separated with a general discharge. However, on 14 June
1983, your commanding officer (CO) concurred with the ADB
findings but recommended that you be discharged under other than
honorable conditions by reason of misconduct due to drug abuse.
On 15 August 1983, the discharge authority directed that you be
reprocessed due to your continued drug use as evidenced by a
2 June 1983 positive urinalysis test for marijuana.
Subsequently, on 2 December 1983 an ADB unanimously found that
you had committed misconduct due to drug abuse and recommended
discharge under other than honorable conditions. Your CO
concurred with the ADB and forwarded your case to the discharge
authority for review.
On 30 March 1984, the discharge authority did not approve your
CO’s recommendation because your counsel stated that there were
discrepancies in your case. At that time, it was directed that a
new ADB be convened with all new members.
On 3 April 1984, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel, submit a statement or have your case heard by
an ADB. On 4 April 1984, your CO forwarded his recommendation
that you be discharged under other than honorable conditions by
reason of misconduct due to drug abuse. On 12 April 1984, the
separation authority directed an other than honorable discharge
by reason of misconduct and, on 20 April 1984 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in two NUP's for drug
use and the fact that you tested positive a third time for drug
use. Further, the Board noted that you waived the right to an
ADB, your best opportunity for retention or a better
characterization of service. 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.
NS
W. DEAN PFE
Executive Divector
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