DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NNEX
2 NAVY A IR
: 20370-5100
WASHINGTON Be Docket No: 5352-08
8 April 2009
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
the Board consisted of your application, together with all
Material submitted in Support thereof, your naval record, and
applicable statutes, regulations, and policies.
You reenlisted in the Navy on 5 September 1981 after eight years
of prior honorable Service. You continued to serve without
disciplinary incident until 11 May 1982, when you received
nonjudicial punishment (NUP) for wrongful use of Marijuana. The
punishment imposed was restriction and extra duty for 45 days, a
$854 forfeiture of pay, and a reduction in paygrade. On 28 May
1982, after breaking restriction, you began a period of
unauthorized absence (UA) that was not terminated until 8
November 1982, During this period of ua you were also declared a
deserter.
for breaking restriction, two specifications of wrongful use of
Marijuana, and the foregoing period of UA totalling 164 days.
discharge. Subsequently, your request was granted and your
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. Asa
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 11 January 1983 you
were issued an other than honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and explanations regarding charges
of possession and/or use of marijuana and your period of UA. It
also considered your assertion of being threatened and fearing
for your life, being mentally pushed too far and having to stay
on a mental ward, fear of sleeping, and having a nervous
breakdown. Nevertheless, the Board found the evidence and
materials submitted were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in NUP and your
request for discharge to avoid trial by court-martial for your
lengthy period of UA. Also, the Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and you should
not be permitted to change it now. Finally, there is no evidence
in the record, and you submitted none, to support your
explanations or assertions. 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,
\Srosdeeleut
W. DEAN PFE
Executive D2
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