DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11197-08
30 September 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 16 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 enlisted in the Navy on 1 August 1978, and served without
disciplinary incident until 5 March 1979, when you received
nonjudicial punishment (NUP) for failure to obey a lawful order.
Shortly thereafter, on 3 September 1980, you received another NJP
for possessing an illegal substance (marijuana), and the transfer
and sale of an illegal substance (marijuana). Additionally, you
were notified of your pending administrative separation
processing due to misconduct based on your drug abuse. You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). Therefore, on 26 September
1980, you were recommended for separation with an other than
honorable (OTH) discharge due to drug abuse. On 18 October 1980,
the separation authority approved the recommendation and on 27
October 1980, you were separated with an OTH discharge and an RE-
4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. The Board noted you waived your right to an
ADB, your best opportunity for retention for 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,
W. DEAN PF
Executive D cto
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