DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6728-08
19 March 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
18 March 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 9 June 1978, you enlisted in the Navy at age 17 with parental
consent. On 10 August 1978, you were authorized retention in the
Navy after you disclosed pre-service drug use. On 12 September 1978,
you were given a retention warning and informed that further
misconduct may not only result in disciplinary action, but an other
than honorable (OTH) discharge. On 12 September 1978, you had
nonjudicial punishment for possession of marijuana. On 2 May 1979,
you were convicted by a special court-martial of a 57 day period of
unauthorized absence. You subsequently received substance abuse
treatment for poly drug usage.
On 27 March 1980, 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 OTH discharge, waived the right to have your case heard by an
administrative discharge board (ADB), and requested an early
discharge. Your commanding officer subsequently recommended a
general discharge. On 27 March 1980, you were separated with a
general discharge by reason of misconduct due to drug abuse. The
separation authority subsequently approved the discharge action with
an effective date of 27 March 1980.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for an honorable discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct. The
Board also considered your contention that you did not use drugs
until you enlisted in the Navy. The Board also noted that you waived
the right to have your case heard by an ADB, which was your best
opportunity for retention or a more favorable characterization of
service. Regarding your contention, the record shows that you
disclosed pre-service use of drugs after you enlisted and when you
began receiving substance abuse treatment. Furthermore, the Board
found that you were fortunate to have received a general discharge.
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,
‘ping
W. DEAN PFEIF
Executive Dire
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