DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 00685-09
7 December 2009
nar Prose Rae 8,
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 3 December 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
28 April 1980, at age 18. On 11 December 1981, you received
nonjudicial punishment (NUP) for wrongful use of marijuana and
failure to obey a lawful order. On 12 March 1982, you received
NUP for assaulting a fellow Sailor. On 22 April 1982 you
received an additional NJP for wrongful use of marijuana and
failure to obey a lawful general regulation. On 24 May 1982, you
were notified that administrative discharge action was initiated
to separate you by reason of misconduct due to your drug abuse.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 1 dune 1982, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 4 June 1982.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of. your wrongful use of marijuana and
misconduct. The Board noted you waived your right to an ADB, you
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 ig 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,
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