DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 11807-09
2 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 February 2011. The names and votes of the
members of the panel will be furnished upon request. 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 20 September 1979 at age 17 and began
a period of active duty on 3 October 1979. You served for nearly
eight months without disciplinary incident, but on 20 June and
again on 3 November 1980, you received nonjudicial punishment
(NUP) for two specifications of wrongful possession of marijuana
and methamphetamine, larceny, and wrongful use of marijuana.
On 29 January and 9 April 1981 you received two more NJPs for
failure to obey a lawful order and wrongful possession of
Marijuana. Shortly thereafter, on 14 April 1981, you were
processed for an administrative separation by reason of
misconduct due to drug abuse. After waiving your procedural
rights, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. On 7 May 1981 you received your fifth NJP for seven
periods of absence from your appointed place of duty and wrongful
possession and use of barbiturates. Subsequently, on 11 May
1981, the discharge authority approved this recommendation and
directed your commanding officer to issue you a discharge under
other than honorable conditions by reason of misconduct due to
drug abuse, and on 19 May 1981, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge so that you may
obtain better employment. Nevertheless, the Board concluded
these factors “were” rt sufficient to warrant recharacterization
of your discharge g@§cause of the seriousness of your repetitive
drug- relateqpmisconduct which resulted in five NJPs. Finally,
you were givern’@m opportunity to defend yourself, but waived your
procedural right to present your case to an administrative
discharge board. Accordingly, your application has been denied.
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,
W. DEAN PFEL "E
Executive Dikec
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