DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09931-09
30 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 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 on 17 September 1980, at age 27.
Between 27 March 1981 and 1 November 1982, you received two
nonjudicial punishments {NUJP’s) for possession of marijuana and
being in an unauthorized absence (UA) status while missing the.
movement of your ship. On 27 December 1982, administrative
separation action was initiated by reason of misconduct for drug
abuse. You waived your rights te consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
directed an other than honorable discharge by reason of
misconduct for drug abuse. On ¢ February 1983, you were so
discharged. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, and overall record of
service. Nevertheless, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge,
given your record of two NJP’s for drug abuse and misconduct.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a more favorable 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,
> Does
W. DEAN DEE
Executive D r
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