DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2277-09
17 February 2010
ed
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 3 February 2010. The names and votes of the
members of the panel 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 31 October 1980 at age 20 and began
period of active duty on 2 November 1980. You served without
disciplinary incident until 24 April 1981, when you received
nonjudicial punishment (NJP) for wrongful possession of
marijuana. About six months later, on 30 October 1981, you
received NIP for wrongful possession of drug paraphernalia and
wrongful possession and use of marijuana.
On 5 and 14 April 1982 you received NUP for wrongful possession
of marijuana and loss of government property. Shortly
thereafter, on 27 April 1982, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 1 May 1982 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. Subsequently, the
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to drug abuse, and on 17
May 1982, 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 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 misconduct which resulted in four NJPs and included drug
abuse. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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,
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