DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3787-09
23 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 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 30 August 1979 after more than
three years of prior honorable service. On 19 November 1979, you
received nonjudicial punishment (NIP) for unauthorized absence |
(UA) from your unit. On 30 November 1979, you received NUP for a
three day period of UA from your unit. On 8 July 1982, you
received NUP for UA from your appointed place of duty and
operating a motorcycle while intoxicated. On 13 January 1983,
you received NUP for four instances of failure to obey a lawful
order. On 1 September 1983, you received NUJP for missing ship’s
movement. On 11 May 1984, you received NUP for wrongful use of
marijuana. On il May 1984, 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:18 May 1984, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions. On 7 August 1984, you were again UA
from your unit. On 30 August 1984, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 12 September.1984 you were SO discharged in absentia.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in six NUP’s and your UA on 7 August 1984, causing the
command to administratively separate you in absentia. Finally,
the Board found 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,
dens
W. DEAN PFE
Executive Dilr¢cKo
\
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