DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6734-08
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 2 July 1981, you enlisted in the Navy at age 17 with parental
consent. On 27 August and 17 December 1982, you had nonjudicial
punishment for possession of marijuana and two instances of driving
under the influence of alcohol. On 30 December 1982, you were
counseled regarding substance abuse and advised that you should
attend substance abuse treatment. On 7 January 1983, your base
driving privileges were revoked for one year. On 8 June 1983, you
were convicted by a summary court-martial of use and possession of
marijuana.
Based on the information currently contained in the record, it
appears that your commanding officer subsequently initiated
administrative separation by reason of misconduct due to drug abuse.
In connection with this processing, you would have acknowledged that
separation could result in an other than honorable (OTH) discharge
and been given an opportunity to have your case heard by an
administrative discharge board (ADB), but it appears that you waived
that right. Apparently, the separation authority approved the
recommendation and directed an OTH discharge by reason of misconduct
due to drug abuse. On 12 August 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 and
regret for your misconduct. 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 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. 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,
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NAVY | BCNR | CY2008 | 02669-08
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