DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12215-09
°20 August 2010
80
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 11 August 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 and began a period of active duty on
16 February 1982 at age 22. You received nonjudicial punishment
(NJP} on two occasions for unauthorized absence from your unit,
three instances of insubordinate conduct toward a petty officer,
three instances of failure to obey a lawful order, dereliction in
the performance of your duties, and theft of a government housing
allowance. After your second NUP, you were counseled regarding
your misconduct and warned that further offenses could result in
administrative separation. On 15 February 1985, you received NJP
for wrongful use of marijuana. On 4 April 1985, you were
notified of pending administrative discharge processing 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 17 April
1985, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 13 May 1985 you were
so discharged.
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 given the seriousness of your misconduct that
resulted in three NJPs and included drug abuse. Finally, the
Board found 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,
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