DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAE RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8888-08
20 July 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 14 July 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, aiid 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 4 October 1978 at age 18 and
immediately began a period of active duty. You served without
disciplinary incident until 4 January 1979, when you received
nonjudicial punishment (NJP) for two specifications of failure to
obey a lawful order. On 13 April and again on 12 December 1979
you received NJP for assault and four specifications of failure
to obey a lawful order, specifically, receiving stolen goods and
wrongful possession and introduction of drugs and drug
paraphernalia.
During the period from 9 April to 5 November 1980 you received |
NIP on three more occasions for wrongful possession of a false or
unauthorized pass, drunkenness, a two day period of unauthorized
absence (UA), wrongful possession and introduction of marijuana,
and wrongful possession and introduction of drug paraphernalia.
On 3 March 1982 you were convicted by summary court-martial (SCM)
of wrongful use of marijuana and sentenced to confinement at hard
dabor for 10 days, restriction for 25 days, and a $300 forfeiture
of pay.
On 18 October 1982, while serving in paygrade E-1, you were
released from active duty under honorable conditions and
transferred to the Navy Reserve. In this regard, character of
service is based, in part, on conduct and overall trait averages
which are computed from marks assigned during periodic
evaiuations. Your conduct average was 2.0, and an average of 3.0
in conduct was required at the time of your release from active
duty for a fully honorable characterization of service. On 14
October 1984, upon completion of your required active service,
you were issued a general discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. 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 which resulted in six
NJPs and a court-martial conviction, and since your conduct
average was insufficiently high to warrant a fully honorable
characterization of service. 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,
\WeadP 00°
W. DEAN P
Executive Dixvedvtor
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