DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 02141-09
17 December 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 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, reguiations,
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
11 March 1981, at age 19. On 10 December 1981, you received
nonjudicial punishment (NUP) for possession of marijuana and
cigarette rolling papers. On 22 June 1982, you were placed on
the command drug surveillance program. On 25 June 1982, you
received NIP for possession of marijuana, cocaine and drug
paraphernalia. On 22 July 1982, you were notified that
administrative discharge action was initiated to separate you by
reason of misconduct due to your drug abuse. Your elected to
have your case heard by an administrative discharge board (ADB),
which voted three to zero in favor of an under other than
honorable discharge for misconduct due to drug abuse. On
31 October 1982, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 9 November 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 possession of cocaine and
marijuana. 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,
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