DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 13023-09
26 August 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 25 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 wags insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 22 September 1981, and served without
disciplinary incident until 22 October 1982, when you received
nonjudicial punishment (NUP) for an unauthorized absence (UA).
Shortly thereafter, you received the following disciplinary
actions: on 4 February 1983, you were convicted at a special |
court-martial (SPCM) for UA in excess of 16 days, failure to obey
a lawful order, wrongful possession of drug paraphernalia, and
possession of marijuana; and on 14 October 1983, you received NJP
for disobeying a lawful order. In January 1984, you were
evaluated by a medical health professional and deemed not
dependent on drugs. You waived your right to consult with
counsel and request an administrative discharge board (ADB). The
separation authority approved the recommendation and on 28
February 1984, you were separated for drug abuse with an OTH
discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your drug abuse as well as your other acts of misconduct.
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
im
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,
\y
Executive r r
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