DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5312-08
8 April 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 7 April 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 27 October 1981 at age 19 and began a
period of active duty on 7 January 1982. You served without
disciplinary incident until 30 June 1983, when you received
nonjudicial punishment (NJP) for wrongful use of marijuana.
About four months later, on 26 October 1983, you received NUP for
assault.
On 16 August 1985 you received your third NUP for wrongful use of
marijuana, absence from your appointed place of duty, and a seven
day period of unauthorized absence (UA). The punishment imposed
was restriction for 45 days, reduction to paygrade E-2, anda
$650 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 16 September 1985 your commanding officer recommended an other
than honorable discharge by reason of misconduct due to drug
abuse. This recommendation further stated, in part, that you
were a demonstrated drug abuser whose work performance had
deteriorated greatly, and that you were not amenable for
treatment or continued Naval Service. On 20 September 1985 the
discharge authority approved this recommendation, and on 30
September 1985 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 the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in three NJPs, two
of which were for drug abuse. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, no discharge is
automatically upgraded due solely to the passage of time.
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,
Wound
W. DEAN PF
Executive ettor
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