DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4992-08
20 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
19 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.
On 24 January 1980, you enlisted in the Navy at age 18. During
the period 31 July 1981 to 19 November 1982, you had nonjudicial
punishment on three occasions. Your offenses included two instances
of posséssion of marijuana and use of marijuana, and disobedience of
a lawful order. On 8 December 1982, 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 other than honorable (OTH)
discharge and elected to have your case heard by an administrative
discharge board (ADB). On 21 December 1982, an ADB convened and
found that you were guilty of misconduct due to drug abuse and
recommended an OTH discharge. On 24 February 1983, the separation
authority approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
25 February 1983, you were so discharged.
the Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth, post
service conduct, and desire for a better discharge. The Board also
considered your belief that your discharge would change after six
months. Nevertheless, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct. Furthermore, there is no
provision in the law or regulations that allows for
recharacterization of service due solely to the passage of time
or post service conduct. 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,
W. DEAN
Executive D
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