DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06934-08
21 May 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 13 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
4 April 1980 at age 21. You served without incident over two
years until 9 April 1982, when you received nonjudicial
punishment (NIP) for forgery of an arthed forces identification
card application. Based on the information currently contained
in your record, a medical entry stated, in part, that you had
made fair to good progress while in a drug treatment program and
that you were not found to be drug dependent. However, you had
performed unsatisfactorily in the program and were not
recommended for retention due to indications of drug use while in
treatment. On 14 December 1982, you received a second NJP for
wrongful use of marijuana and forgery of an identification card.
On 11 January 1983, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB).
On 15 April 1993, an ADB unanimously found that you had committed
misconduct due to drug abuse and recommended discharge under
other than honorable conditions. On 31 March 1983, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review. On 14 April 1983 the
discharge authority directed an other than honorable discharge by
reason of misconduct due to drug abuse. On 15 April 1983 you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in two
NUP’s, one of which was for drug use, and the fact that the
record shows that your command was actively trying to help you by
placing you in a drug treatment program, in which you performed
unsatisfactorily. 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,
lpQa& !
W. DEAN ed —
Executive Bhrestor
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