DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00963-10
28 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 26 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
19 May 1981. The Board found that you received three nonjudicial
punishments for three days of unauthorized absence (UA), wrongful
use of marijuana, incapacitation for the proper performance of
duties, drunk onboard ship, and possession of drug paraphernalia.
Additionally, you were convicted by special court-martial (SPCM)
of 34 days of UA and disobedience. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug use. 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 other than honorable conditions by reason of
misconduct. The discharge authority concurred and directed an
other than honorable discharge by reason of misconduct due to
drug use. On 6 July 1983, 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 three NJP’s, one of which was for the use of drugs,
and conviction by SPCM. The Board noted that you waived the
right to an ADB, your best chance 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
avorable action cagnot be taken. You are entitled to have the
30oard reconsider, its decision upon submission of new and material
posed re or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
resumption 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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