DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 7464-08
5 June 2009
This is in reference to your application for correction of your
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 3 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 on 27: January 1981 at age 17 and began a
period of active duty on 2 February 1981. Shortly thereafter, in
March 1981, you were notified that you would be retained in the
Navy despite of your fraudulent entry as evidenced by your
failure to disclose pre-service drug use of cocaine and
Marijuana. You were also advised that any further misconduct
would result in an administrative discharge.
You served without disciplinary incident until 16 March 1983
when, you received nonjudicial punishment (NUJP) for wrongful
possession of marijuana. The punishment imposed was reduction to
paygrade E-2, restriction and extra duty for-45 days, and a
$642.90 forfeiture of pay.
On 1 August 1983 you were referred for a medical evaluation as a
result of being in possession of marijuana. Although you were
found not to be dependent on drugs, you were diagnosed as an
apparent social user and were not recommended for further
service. Shortly thereafter, on 3 August 1983, you were notified
of pending administrative separation action by reason of
misconduct due to drug abuse. At that time you waived your right
to consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 14 August 1983 your
commanding officer recommended an other than honorable discharge
by reason of misconduct due to drug abuse. On 19 August 1983 the
discharge authority approved this recommendation for discharge,
and on 24 August 1983 you were issued an other than honorable
discharge by reason of misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and desire to upgrade your discharge. It also considered
your assertions that you were not in possession of marijuana and
that you were treated unfairly. The Board further considered
your assertion that you were not given sufficient time for your
“system to clear” before being tested for drugs. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive drug related misconduct prior to and while
serving in the military. Further, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. Finally, the Board concluded that your
record contains documented evidence that is contrary to your
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,
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