DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6078-09
30 April 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 21 April 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
-S March 1984 at age 20. On 21 March 1984, you were counseled and
warned concerning pre-service drug abuse and signed a statement
disavowing any future drug abuse. On 20 May 1985 you received
nonjudicial punishment for unauthorized absence from your unit.
On 1 July 1985 you were counseled and warned for wrongful use of
Marijuana. On 22 October 1985, 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 24 October 1985, your commanding officer
Forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions. On 15 November 19385, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 25 November 1985 you were so
discharged.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Additionally, you were counseled and warned that any future drug
involvement could result in administrative discharge action. The
Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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,
\oe
W. DEAN F
Executive or
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