DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DOC 20370-5100
BIG
Docket No: 9134-09
9 June 2010
This is in reference to your application for correction ef 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, gitting in executive session, considered your
application on 8 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 4 October 1977. You received six
nonjudicial punishments and were convicted by a summary court-
martial for possession of marijuana {two specifications), use
of marijuana, possession of drug paraphernalia, being in a
secured space improperly, failure to report the presence of an
illegal substance (hashish), willfully damaging government
property, unauthorized absence (two periods totaling 67 days),
and disobeying a lawful order. On 21 July 1981, you were
notified that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge for misconduct. You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 24 July 1981, you received an OTH discharge
for misconduct, and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and your
belief that your discharge would be automatically upgraded in
six months. However, the Board concluded that your OTH
discharge should not be changed due to your serious and
repetitive misconduct. The Board found you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that there is no
provision of law or in naval regulations that allow automatic
upgrades of discharges due merely to the passage of time. In
view of the above, 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 oF
injustice.
Sincerely,
\ Qatsed
Executive
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