DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
a
SIN
Docket No: .02486-09
13 January 2010
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 12 January 2010. 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 and began a period of active duty on
11 January 1982 at age 22. During the period from 4 June 1982 to
11 May 1983, you received three nonjudicial punishments (NUP‘ s)
for unauthorized absence, two instances of disobedience, breaking
restriction, and wrongful use of marijuana. Additionally, you
were counseled and warned that Further misconduct could result an
administrative discharge action. On 10 August 1983, you were
convicted by summary court-martial (SCM) of two specifications of
wrongful use of marijuana. on 26 August 1983, administrative
discharge action was initiated to separate you by reason of ;
misconduct due to drug abuse. You elected to consult counsel and
have your case heard before an administrative discharge board
(ADB). On 21 September 1983, an ADB recommended separation
with an other than honorable discharge by reason of misconduct
due to drug abuse. On 21 October 1983, you received a fourth NJP
for absence from your appointed place of duty. On 31 October)
1983, your commanding officer concurred with the ADB’s findings
and forwarded his recommendation that you be discharged for
misconduct. On 19 November 1983, the discharge authority
directed an other than honorable discharge by reason of
misconduct due to drug abuse. You were so discharged on 23
December 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, the character letter accompanying your application, and
post service accomplishments. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
four NUP’s, one of which was for drug use and another after you
were notified of pending separation, and SCM conviction of drug
use. 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,
W. DEAN P
Executive
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