DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 042-10
12 October 2010
ee.
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 6 October 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
31 March 1981 at age 19. On 14 December 1982, you received
nonjudicial punishment (NUP) for the wrongful use of marijuana.
On 28 October 1983, you were convicted in civil court of Kings
Bay, Georgia of driving under the influence of alcohol. You were
evaluated by the Counseling and Assistance Center (CAAC) and
placed in a Level I rehabilitation program, and given weekly drug
and alcohol testing. You received positive results on your
urinalyses on 17 and 24 January 1984 for marijuana. You were
notified of pending administrative discharge action with an other
that honorable (OTH) discharge due to misconduct (drug abuse).
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 21 March 1984, you received the OTH discharge for misconduct
(drug abuse), and were assigned an RE-4 reenlistment code.
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 that
resulted in your repeated drug abuse.
Finally, the Board noted
that you waived your right to an ADB, your best opportunity for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action.¢annot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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.
@pnsequently, 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,
DEAN PF
Ee ee D
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