DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 10295-08
5 October 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-tember pariel of ‘the Board for Correction of Naval -
Records, sitting in executive’ session, considered your: .
application on 29 September 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 reenlisted in the Navy on 13 November 1981 after three years
of honorable service. On 26 June and 13 October 1983, you
received nonjudicial punishment (NUP) for wrongful use of
Marijuana and attempted larceny.
On 27 October 1983, administrative discharge action was initiated
by reason of misconduct due to commission of a serious offense.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 1 November 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 6 November 1983, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 25 November 1983 you were go
discharged.
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given your record of NUP for drug use and attempted larceny, a
very serious offense. Finally, the Board noted that you waived
the right to an ADB, your best opportunity for retention or a
better characterization of service. 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,
er
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