DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 117835-09
11 December 2009
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 ef the Board for Correction of Naval
Records, sitting in executive session, considered your ;
application on 8 December 2009. 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
12 January 1982 at age 31. On 29 November 1983 and 2 November
1985, you received nonjudicial punishment (NJP) for wrongful use
of marijuana. On 21 November 1985, administrative discharge
action was initiated to separate you by reason of misconduct due
to @rug abuse. You waived your rights to consult counsel, submit
a statement or have your case heard by an administrative
discharge board (ADB). On 12 December 1985, you received a third
NIP for 15 days of unauthorized absence. On 23 January 1986,
your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 28 January 1986, the discharge
authority directed an other than honorable discharge by reason of
“misconduct due to drug abuse You were so discharged on 31
January 1986. ‘
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 because of your misconduct that resulted in
three NJP’s, two of which were for drug use. Further, the Board
noted 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,
ly
WwW.
Executive D
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