DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 08105-08
25 June 2009
Dear &
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 16 June 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 26
March 1979 at age 20. You served without incident for over five
years until 19 January 1984, when you received nonjudicial
punishment (NJP) for wrongful use of marijuana. You received a
forfeiture of pay, a reduction in paygrade, and suspended
restriction. Additionally, you were covinseled and warned that
further misconduct could result in administrative discharge
action. Unfortunately, you continued to use marijuana and tested
positive for it on a command directed urinalysis taken on 14
March 1984.
On 2 April 1984, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
You elected to consult with legal counsel and subsequently
requested an administrative discharge board (ADB). On 14 May
1984 an ADB unanimously found that you had committed misconduct
due to drug abuse, and recommended a general discharge. Your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review. On 3 June 1984, the
discharge authority directed a discharge by reason of misconduct
due to drug abuse. On 6 June 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service psychological evaluation
dated 30 July 2007. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge given your NJP and urinalysis for drug use. The Board
also noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is discharged for misconduct.
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,
\yadehy
W. DEAN P
Executive o
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