DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10906-09
13 July 2010
peas Sanam:
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 13 July 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 30 June 1980. You were convicted by
civilian court for the wrongful possession of marijuana. You
were counseled and warned that further misconduct could result
in administrative separation. Your also received nonjudicial
punishment and were convicted by two summary courts-martial for
unauthorized absence (two specifications totaling 37 days), and
the wrongful possession of marijuana. You were notified that
your commanding officer was recommending you for administrative
separation 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 1983, you received an OTH
discharge due to misconduct (drug abuse), 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
desire for a better discharge. However, the Board concluded
that your discharge should not be changed due to your
misconduct and drug-related offenses. The Board noted that you
committed further offenses after being counseled and warned
that further misconduct could result in administrative
separation. The Board found that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. 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 or
injustice.
Sincerely,
‘Deut
W. DEAN PF
Executive °
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