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NAVY | BCNR | CY2009 | 12825-09
Original file (12825-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TUR
Docket No: 12825-09
17 September 2010

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 14 September 2010. 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 reenlisted in the Navy on 4 March 1981 after seven years of
prior honorable service. You continued to serve without
disciplinary incident until 11 July 1984, when you were convicted
by summary court-martial (SCM) of wrongful use of marijuana. You
were sentenced to restriction for 30 days, a $400 forfeiture of
pay, and reduction to paygrade E-4.

On 27 December 1984 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse as
evidenced by SCM and two positive urinalyses. After consulting
with legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 1 February 1985 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 3 March 1985 your
commanding officer, in concurrence with the ADB, also recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. On 16 April 1985 the discharge
authority approved these recommendations and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 22 May 1985,
you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of honorable service, post service conduct, and
desire to upgrade your discharge and presumably change your
‘narrative reason for separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of the narrative
reason for separation because of the seriousness of your drug
related miSconduct which not only resulted in SCM, but continued
while you were in a urinalysis program. Finally, no discharge is
automatically upgraded due solely to the passage of time or an
individual’s good post service conduct. 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,

\ Sone Ghd

W. DEAN PFET
Executive Di

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