2 NAVY ANNEX
WASHINGTON DG 20370-5100
TUR
Docket No: 2353-09
24 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 23 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 21 August 1980 at age 18 and began a
period of active duty on 6 February 1981. You served without
disciplinary incident until 5 August 1983, when you received
nonjudicial punishment (NOP) for wrongful use of marijuana and
were awarded a reduction to paygrade E-2, restriction and extra
duty for 30 days, and a $600 forfeiture of pay.
On 24 August 1983 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).
Subsequently, your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. On 31 August 1983 the discharge authority approved
this recommendation and directed your commanding officer to igsue
you an other than honorable discharge by reason of misconduct due
to drug abuse, and on 9 September 1983, 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. The Board also
considered your assertions that you did not use marijuana while
serving on active duty and were not offered rehabilitation. It
further considered the character reference letter provided in
support of your request. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your in-service drug
related misconduct which resulted in NUP. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB Finally, there
is documented evidence in the record that is contrary to your
assertions. 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,
Wears
W. DEAN P
Executive D
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