DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11741-08
27 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-member panel of. the Board for Correction of Naval...
Records, sitting in executive session, considered your. .
application on 15 October 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
25 March 1980, at age 21. On 27 September 1980, you received
nonjudicial punishment (NJP) for being in an unauthorized absence
(UA) status for a period of 19 days. On 25 June 1982, you
received NJP for wrongfully urinating on the deck area of your
rack. On 12 March 1983, you were convicted at civilian criminal
court for disorderly intoxication, indecent exposure and
possession of marijuana. On 20 March 1983, you were arrested for
driving while intoxicated and released on your own cognizance.
On 4 April 1983, you received a third NUP for wrongful possession
and use of marijuana.
On 11 April 1983, administrative discharge action was initiated
to separate you 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 03 May 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
OB
21 May 1983, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 25 May 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of gervice. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in two
NJP’s for drug use and one for breaking restriction. 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,
Iara f
W. DEAN PFE
Executive Dikector
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