DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX .
WASHINGTON DC 20370-5100
TJR
Docket No: 2216-09
1i January 2016
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 6 January 2010. The names and votes of the
members of the panei will be furnished upon request. 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 27 January 1981 at age 21 and
immediately began a period'of active duty. You served without
disciplinary incident until 27 March 1985, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana and
two specifications of wrongful use of amphetamines/
methamphetamines. The punishment imposed was reduction to
paygrade E-4, extra duty for 20 days, and a $924 forfeiture of
pay. During the period from 23 May to 5 November 1985 you
received two letters of substandard service and were counselled
regarding the deficiencies in your performance due to drug use.
You also attended and successfully completed a six-week drug and
alcohol abuse rehabilitation program.
On 21 May 1986 you received your second NUP for wrongful use of
marijuana and were awarded a $800 forfeiture of pay and reduction
to paygrade E-3. Shortly thereafter, on 20 June 1986, you were
notified of pending administrative separation action by reason of
misconduct due to drug abuse. After consulting with legal
‘counsel, you elected to present your case to an administrative
discharge board (ADB). On 7 July 1986 an ADB recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. On 17 July 1986 your commanding
officer, in concurrence with the ADB, also recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 6 August 1986 the discharge authority approved
these recommendations and directed your commanding officer to
issue you an other than honorable discharge by reason of
misconduct due to drug abuse, and on 22 August 1986, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of satisfactory service, and desire to upgrade
your discharge. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive drug
related misconduct which resulted in two NJPs. Accordingly, your
application has been denied.
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,
\p.
W. DEAN PFE
Executive Dilre
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