DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03016-09
25 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 20 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
17 May 1982, at age 22. On 15 March 1983, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. On
7 April 1983, you received NUP for being in an unauthorized
absence (UA) for seven days and breaking restriction. On
6 July 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 28 July 1983, the ADB
unanimously recommended separation with an other than honorable
discharge by reason of misconduct due to drug abuse. On 6
September 1983, your commanding officer agreed with the ADB and
forwarded his recommendation for discharge. On 22 September
1983, the discharge authority directed an other than honorable
discharge by reason of misconduct due to drug abuse. You were so
discharged on 29 September 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct, which included drug
abuse, that resulted in two NUP’s. 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,
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