DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 5315-08
8 April 2009
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552,
the Board consisted of your application, together with all
material submitted in Support thereof, your naval record, and
applicable statutes, regulations, and policies.
You enlisted in the Navy on 16 July 1979 at age 17 and served for
nearly a year without disciplinary incident, but on 11 July 1980
you received nonjudicial punishment (NUP) for wrongful use of
Marijuana. The punishment imposed was a $500 forfeiture of pay.
than honorable discharge by reason of misconduct due to drug
abuse. On 6 May 1982 the discharge authority approved thig
recommendation, and on 13 May 1982 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, post service conduct, desire to upgrade your
discharge, 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 repetitive drug related misconduct which resulted in- two
NJPs. 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 or an individual’s good post service conduct.
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,
\s
W. DEAN P
Executive Di
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