DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
SIN
Docket No: 09646-08
14 August 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 11 August 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
31 December 1982 at age 24. On 1 and 23 June 1982, you received
nonjudicial punishment (NIP) for solicitation of a controlled
Substance, dereliction of duty, possession of cocaine; and
33 days of unauthorized absence.
On 6 October 1982, administrative discharge action was initiated
by reason of misconduct due to drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 7 October
1988, your commanding officer forwarded his recommendation that
you be discharged under other than honorable conditions by reason
o£ misconduct due to drug abuse. On 8 November 1982 the
separation authority directed an other than honorable discharge
by reason of misconduct due to drug abuse. On 12 November 1982
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, last period of service, and contentions that you had no
knowledge of drugs being in your vehicle, and your life had been
threatened. Nevertheless, the Board concluded these factors and
contentions were not sufficient to warrant changing the reason or
recharacterization of your discharge because of your two NUP’s,
both of which were for drug involvement. Further, you waived the
right to an ADB, your best chance for retention or a better
characterization of service. With regard to your contentions,
the Board noted that there is no evidence in your record, and you
submitted none, to support them. 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,
WW a!
W. DEAN PFAYTF
Executive re ¥
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