DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00245-10
18 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 13 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
4 December 1979. The Board found that you received four
nonjudicial punishments (NJP's) for three instances of possession
of marijuana, use of marijuana, and possession of drug
paraphernalia. Additionally, you were counseled and warned after
your second NUP. that Further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
substandard performance. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under honorable conditions.
The discharge authority concurred and directed a general
discharge by reason of substandard performance. On 9 February
1982, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your four NUP’s, all of which were for drug abuse, and the
fact that you were counseled and warned of the consequences of
further misconduct. The Board noted that you waived the right to
an ADB, your best chance for retention or a better
characterization of service. Finally, the Board also noted that
you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when an individual is discharge for 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
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,
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