DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
TUR
Docket No: 7585-08
12 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 10 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 23 March 1982 at age 23 and served
for nearly a year without disciplinary incident. However, on 14
February 1983, you received nonjudicial punishment (NJP) for
wrongful possession of marijuana and were awarded a $691.50
forfeiture of pay, restriction and extra duty for 30 days, and
reduction to paygrade E-3, which was suspended for six months.
On 17 June 1983 you received NUP for wrongful use of marijuana
and were awarded restriction and extra duty for 30 days and a
forfeiture of pay for two months. Also, on 20 June 1983, the
suspended reduction in paygrade was vacated due to this continued
misconduct.
On 13 July 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 15 July 1983 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
On 21 July 1983 the discharge authority approved this
recommendation and on 25 July 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 assertion that your urine samples may have been compromised.
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. The Board concluded that you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Further, the Board concluded
that your record contains documented evidence that is contrary to
your assertion. 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,
\Dworel, pp
W. DEAN PFERPF
Executive D xX
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