DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
“WASHINGTON DC 20370-5100
SIN
Docket No: 00898-09
4 November 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 3 November 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
29 December 1980 at age 22. On 10 November 1983, you received
nonjudicial punishments (NJP) for five instances of absence from
your appointed place of duty and wrongful possession and use of
Marijuana.
On 21 November 1983, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You elected to’ consult counsel and have your case heard
before an administrative discharge board (ADB).
On 7 December 1983, the ADB unanimously recommended separation
with an other than honorable discharge by reason of misconduct
due to drug abuse. On 21 December 1983, your commanding officer
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 28 December 1983, the
discharge authority directed an other than honorable discharge by
reason Of misconduct due to drug abuse. You were so discharged
the game day.
-The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and contention that the urine sample was not
handled properly. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
‘discharge because of your misconduct that resulted in NUP for
drug use. Concerning your contention that your urine sample was
not properly handled, there.is no evidence in the record to
support it, and you submitted no such evidence. 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 PFE
Executive D Cc
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