DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7931-08
7 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 7 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 medical and naval records, 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. The Board found that you entered active
duty in the Navy on 2 July 1982. On 21 July 1982, you were
granted a pre-service drug abuse waiver. You received
nonjudicial punishment (NJP) on two occasions, where you were
found guilty of the wrongful use of marijuana. On
30 April 1984, you were disqualified for submarine duty due to
unreliability. On 21 May 1984, you were counseled regarding
support of your dependents. On 9 August 1984, you were advised
of pending administrative separation processing for a discharge
under other than honorable (OTH) conditions for misconduct -
drug abuse (use). You waived all of your procedural rights,
including your right to an administrative discharge board (ADB) .
On 20 August 1984, your commanding officer (CO) recommended you
for an OTH discharge for misconduct - drug abuse (use). On
25 August 1984, the discharge authority approved the CO's
recommendation, and on 7 September 1984, you were SO discharged
and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your short period
of good service. However, the Board concluded that this factor
was not sufficient to warrant recharacterizing your OTH
discharge because of your two NogP's for drug abuse. The Board
also noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. In view of the above, your application has been
denied. The names and votes of the members of the panel will be
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,
W. DEAN P
Executive D
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