DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05772-0939
8 December 2009
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 1 December 2009. 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 ih the Navy and began a period of active duty on
11 August 1981 at age 18. You served without incident over three
years until 19 August 1983, when you received nonjudicial
punishments (NJP) for wrongful use of marijuana.
On 11 October 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 20 October 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
23 October 1983, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 14 November 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in NJP 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,
W. a DFENS
Executive Dhak
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