DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1392-10
10 November 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 3 November 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 May 1982 at age 20. You received nonjudicial punishment (NJP)
on three occasions for two instances of wrongful use of
Marijuana, unauthorized absence (UA) from your unit for a period
totaling 37 days, and signing a false official record. You were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 2 March
1984, 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 29 March 1984, you again received NUP for absence from
your appointed place of duty and disobeying a lawful order. On
13 April 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 four NUPs. 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 #tS decision upon submission of new and material
fevidende- gg Si gaa, matte: not previously considered by the Board.
In this*r we is important to keep in mind that a
presumption of regularity attaches to all official records.
Penitecwmenrhys; aehen ‘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,
\~
W. DI
Executive Dive
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