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NAVY | BCNR | CY2010 | 00031-10
Original file (00031-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 031-10
21 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 15 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 reenlisted in the Navy on 25 February 1980 after more than
two years of prior honorable service. On 20 July 1983, you were
convicted by special court-martial of six instances of wrongful
possession, distribution and introduction of cocaine. The
sentence imposed was three months confinement, reduction in
paygrade and forfeiture of pay. On 25 August 1983, you were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). You waived your rights to consult counsel, or have your
case heard by an administrative discharge board (ADB). You did,
however, elect to submit a written statement. On 18 November
1983, the separation authority directed an OTH discharge by
reason of misconduct (drug abuse). On 23 November 1983 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.

The Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. Finally, no discharge is automatically upgraded due to
the passage of time or an individual’s good behavior after
discharge. 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
évidence 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,

lo hou?

W. DEAN PFRYF
Executive ettor

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