DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 06952-08
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
29 June 1982 at age 18. On 28 September 1982 and 17 May 1983,
you received nonjudicial punishments (NIP) for disobedience,
drunkenness, and wrongful appropriation. On 9 April 1984, you
were convicted by special court-martial (SPCM) of failure to go
to your appointed place of duty and two specifications of
distribution of marijuana onboard ship.
On 14 May 1984, 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 11 July 1984, an ADB unanimously found that you had committed
misconduct due to drug abuse, and recommended retention.
However, your commanding officer (CO) did not concurred with the
ADB's recommendation and on 19 July 1984, forwarded his
recommendation that you be separated with an other then honorable
discharge. ~
On 5 October 1984, you received a third NJP for possession of
alcohol inside the transient personnel unit, possession of drug
paraphernalia, possession and use of cocaine, and use of
marijuana. On 9 October 1984, the separation authority, unaware
of your last NJP, directed that it would be in the best interest
of the Navy to separate you with a general discharge. However,
on 10 October 1984, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an ADB. On 15 October 1984, your CO forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct due to drug abuse.
On 21 October 1984, the discharge authority directed an other
than honorable discharge by reason of misconduct due to drug
abuse. You were so discharged on 30 October 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, the character letter accompanying your
application, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your misconduct
that resulted in three NUJP’s one of which was for drug use and
conviction by SPCM for drug use. 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,
\yNons
W. DEAN ER
Executive Diketctor
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