DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 12761-09
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
11 April 1983. The Board found that you received nonjudicial
punishment (NJP) for wrongful use of marijuana and cocaine. You
received a forfeiture of pay, extra duty, and a reduction in
paygrade. On 13 November 1984, a substance abuse report stated,
in part, that you used your personal problems as excuses for drug
abuse, were an average worker who needed motivation and
supervision, and that potential for further service was poor.
You were counseled and warned that further drug use could result
in administrative discharge action. On 19 December 1984, it was
reported that you had shown a strong desire for rehabilitation
and retention and, it was thought that you had potential for
further service. You were retained in the Navy and referred to
Level I rehabilitation and counseling. However, you tested
positive again for marijuana on 23 April 1985. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You waived your rights to consult
counsel or have your case heard by an administrative discharge
board (ADB). However, you did submit a statement on your behalf.
Your case was forwarded recommending that you be discharged under
other than honorable conditions by reason of misconduct. The
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct due to drug use. On
21 June 1985, 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
given your NUP for drug use, the fact that you were offered a
Ghance at drug rehabilitation, and were warned of the
consequences of further drug use. Finally, the Board noted that
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,
W. DEAN PRE
Executive or
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