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NAVY | BCNR | CY2010 | 00090-10
Original file (00090-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

TAL
Docket No: 090-10
12 October 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 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 on 1 September 1982 at age 22. You
received nonjudicial punishment (NJP) on three occasions for
wrongful use and possession of marijuana and periods of
authorized absence (UA) from your unit that totaled 25 days.
After your first NJP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct (drug abuse). You waived all
of your procedural rights, including your right to an
administrative discharge board (ADB). On 10 February 1984, the
separation authority directed an OTH discharge by reason of
misconduct (drug abuse). On 17 February 1984 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.
Finally, the Board found that you waived the right to an ADB,
your best opportunity 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
vidence or othe¥ matter not previously considered by the Board.
ait “his regard, ‘at is important to keep in mind that a

fesumpt ion’ "of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
grecord, the burden is on the applicant to demonstrate the
existence of ‘probable material error or injustice.

  
  

Sincerely,

Lene

DEAN PFE
eee D

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