DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03267-09
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 reenlisted in the Navy on 31 August 1981 after serving over
il years of honorable service. On 15 July 1982 and 3 January
1984, you received nonjudicial punishment (NUP) for unauthorized
absence and wrongful use of marijuana. On 3 January 1984,
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). That same day, an ADB recommended
Separation with an other than honorable discharge by reason of
misconduct due to drug abuse. On 24 February 1984, your
commanding officer concurred with the ADB’s findings and
forwarded his recommendation that you be discharged. On
13 March 1984, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 14 March 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, record of your last period of service, and contention
that proper procedures were not followed during your testing.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP for drug use. Concerning your contention, there is no
evidence in the record to support it, and you submitted no such
evidence. 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,
\Week
W. DEAN PP
Executive ettor
\
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