DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4074-08
16 January 2009
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
14 January 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 25 March 1974, you enlisted in the Navy at age 18. On
5 November 1976 and 10 February 1977, you had nonjudicial punishment
for assault, disobedience of a lawful order, and three instances of
possession, transfer, or sale of marijuana. On 11 February 1977,
your commanding officer initiated administrative separation by reason
of misconduct due to drug abuse. In connection with this processing,
you acknowledged that separation could result in an undesirable
discharge and although you first elected the right to have your case
heard by an administrative discharge board (ADB), you later waived
that right when your commanding officer recommended a general
characterization of service. On 7 March 1977, the separation
authority approved the discharge recommendation and directed a
general discharge by reason of misconduct due to drug abuse. On
11 March 1977, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness cf your misconduct. The
Board also noted that although you first elected the right to have
your case heard by an ADB, your best opportunity for retention or a
more favorable characterization of service, you later waived that
right. Therefore, the Board concluded that the discharge was proper
as issued and no change is warranted. 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 PFEIRRER
Executive Di
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