DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5190
SIN
Docket No: 04290-09
29 March 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 23 March 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.
26 November 1980 at age 19. During the period from 1 February
1982 to 20 May 1983, you received four nonjudicial punishments
(NJP’s) for five periods of unauthorized absence (UA) totaling
.75 days, and two instances of use of marijuana. On 21 June 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). Your case was forwarded
to the separation authority recommending an other than honorable
discharge by reason of misconduct due to drug abuse. On 27 June
1983, the separation authority concurred and directed an other
than honorable discharge by reason of misconduct due to drug
abuse. You were so discharged on 30 June 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in four NJP’s, two of which
were 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 namés 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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