DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03265-09
22 February 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 17 February 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
2 September 1981 at age 18. During the period from 20 May 1982
to 21 April 1983, you received three nonjudicial punishments
(NJP’s) for three instances of unauthorized absence (UA),
insubordinate conduct, resisting arrest, assault, disobedience,
and wrongful use of marijuana. On 2 May 1983, administrative
discharge action was initiated to separate you by reason of
Misconduct due to drug abuse. You waived your rights to consult
counsel, submit a statement or have your case heard by an -
administrative discharge board (ADB). On 4 May and 28 June 1983,
you received NUP for two periods of UA. On 6 June 1983, your
Case was forwarded to the separation authority recommending an
other than honorable discharge by reason of misconduct due to
drug abuse. On 29 July 1983, the separation authority directed
an other than honorable discharge by reason of misconduct due to
drug abuse. You were so discharged on 4 August 1983. —
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your misconduct that resulted in five NUJP’s, one of which was for
drug use. Finally, the Board noted that you waived the right to
an ADB, your best opportunity for retention or a better
characterization of service. 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,
NAVY | BCNR | CY2009 | 03016-09
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NAVY | BCNR | CY2009 | 04290-09
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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. On 22 September, 5 October, and 10 October 1983, your urinalyses tested positive for marijuana. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.
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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. On 20 August 1985, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse. 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...
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NAVY | BCNR | CY2009 | 02486-09
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