DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2289-09
17 February 2010
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 carefvl 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 28 June 1979 at age 17 and began a
period of active duty on 28 August 1979. You served without
disciplinary incident until 18 August 1980, when you received
nonjudicial punishment (NJP) for wrongful possession of marijuana
and three periods of failure to go to your appointed place of
duty.
On 10 March 1982 you were convicted by civil authorities of
possession of marijuana and fined $100. About a month later, on.
14 April 1982, you were convicted by special court-martial (SPCM)
of three specifications of wrongful possession of marijuana and
two specifications of wrongful appropriation of property valued
at $1,060. You were sentenced to reduction to paygrade E-1l, a
$900 forfeiture of pay, and hard labor and restriction for three
months. On 24 May 1982 you received NIP for absence from your
appointed place of duty and wrongful possession of marijuana.
The punishment imposed was a $678 forfeiture of pay, reduction to
paygrade E-2, and restriction and extra duty for 45 days.
On 2 August 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 3 August 1982 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. Subsequently, on 22 August 1982, 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 3 September
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 so that you may
obtain veterans’ benefits. 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 in both the military and civil
communities. 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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