DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 9978-08
5 February 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
4 February 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 26 March 1984, you enlisted in the Navy at age 20. On
9 August 1984, you had nonjudicial punishment (NJP) for falsely
altering with the intent to deceive an armed forces liberty card.
You were also counseled regarding this offense and warned that
further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. On 29 August 1984, you were
charged with driving under the influence (DUI) of alcohol. On
13 September 1984, you missed a substance abuse counseling
appointment and were apparently in civilian confinement pending
charges. On 13 September 1984, you were charged in civilian court
with loitering or prowling and trespassing, and it appears that you
were subsequently convicted of these offenses in addition to contempt
of court and resisting an officer. On 4 October 1984, you were
convicted in civilian court of DUI and sentenced to community service
and a fine. On 18 October 1984, you had NJP for two instances of UA
totaling about two days and absence from your appointed place of
duty. On 17 November 1984, you missed a substance abuse counseling
appointment. On 21 December 1984, you received a substance abuse
evaluation during which you denied having substance ahuse problems.
The evaluation diagnosed you as being alcohol dependent and
recommended administrative separation. On 8 January 1985, you had
NJP for use of marijuana. On 9 January 1985, you missed a substance
abuse counseling appointment. On 16 January 1985, a medical
evaluation found that you were dependent on drugs and stated that you
had no potential for further service due to your lack of motivation
for treatment.
On 25 January 1985, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse. In connection
with this processing, you acknowledged that separation could result
in an OTH discharge and elected to have your case heard by an
administrative discharge board (ADB). On 27 March 1985, an ADB
convened and found that you were guilty of misconduct due to drug
abuse, and recommended an OTH discharge. On 2 April 1985, your
urinalysis tested positive for marijuana and cocaine. On
12 April 1985, your urinalysis tested positive for marijuana.
On 8 June 1985, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of misconduct
due to drug abuse. On 25 June 1985, you acknowledged that you were
offered treatment for drug and alcohol abuse at a Veterans Affairs
facility before being discharged, but declined the treatment.
On 25 June 1985, you were discharged with an OTH discharge by reason
of misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
post service conduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct that continued
even after you were warned that further infractions could result in
an OTH discharge. Therefore, the Board concluded that the discharge
was proper as issued and no change is warranted. 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,
S
Ww.
Executive D
Copy to:
The Honorable Lindsey Graham
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