DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8928-09
il June 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 9 June 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 2
February 1981 at age 32. On 9 March 1983, you were convicted by
special court-martial for disobeying a lawful order. On 27
January 1986 you received nonjudicial punishment for wrongful use
of marijuana. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (drug abuse). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 18 February 1986 you were the subject
of a medical evaluation at which you were not diagnosed as drug
dependent and did not request drug rehabilitation prior to
discharge. On 21 February 1986, the separation authority
directed an OTH discharge by reason of misconduct due to drug
abuse. On 13 March 1986 you were 50 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.
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,
Ned
W. DEAN
Executive\ Dilsector
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