DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12755-09
16 September 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 14 September 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
17 May 1979. The Board found that on 29 March 1983, you were the
subject of a urinalysis, which appears to have been conducted
after a brief unauthorized absence (UA). The Board found that
you received nonjudicial punishment (NJP) for UA and
disobedience, by failing to report the use of marijuana by other
Navy members. You received a forfeiture of pay, restriction,
extra duty, and a reduction in paygrade. Additionally, you were
counseled and warned that further misconduct or personal abuse of
drugs could result in administrative discharge action. On
19 April 1983, a substance abuse report stated, in part, that you
exhibited potential for further service, but recommended that you
be administratively separated. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug use. It appears you waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your case was forwarded recommending that
you be discharged under other than honorable conditions by reason
of misconduct due to drug abuse. Your commanding officer stated,
in part, that you submitted to a urinalysis for probable cause
which tested positive for marijuana, and had been counseled on
numerous occasions of the Navy’s policy on drug abuse. The
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct due to drug use. On
10 May 1983, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge or
showing that you were advanced to a higher paygrade given your
NUP for drug use, and the fact that you were counseled and warned
of the consequences of further misconduct and drug use. Finally,
the Board noted that it appears you waived the right to an ADB,
your best chance 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,
\ one
W. DEAN P
Executive
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