DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 04908-08
26 February 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 24 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy for a term of four years on 28 July
1981. Unfortunately you served only a little over two years and
were discharged due to your disciplinary record and drug abuse.
Specifically between October 1981 and July 1982 you received
four nonjudicial punishments for three periods of unauthorized
absence and 15 instances of absence from your appointed place of
duty. On 13 December 1982 you were convicted by special court-
martial of attempted possession and sale of illegal drugs on two
occasions. When you were informed that you were being
recommended for administrative separation with an other than
honorable discharge (OTH) due to your involvement with drugs you
waived your right to a hearing where with the assistance of a
military lawyer you could have argued for retention or a better
discharge than an OTH. Consequently you received an OTH on 17
August 1983.
In view of the seriousness of the offenses of which you were
convicted by court-martial as well as your prior disciplinary
record the Board concluded that a change of discharge was not
warranted. The Board particularly noted that your drug offenses
occurred after you had been fully briefed on the Navy’s zero
tolerance drug policy. Clearly your discharge was proper as
issued and should not be changed now as a matter of clemency.
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,
lg
W. DEAN PFE
Executive Director
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