DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1546-10
20 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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. The names and votes of the
members of the panel will be furnished upon request. 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 Naval Reserve on 31 December 1980 at age 19
and began a period of active duty on 23 February 1981. You
served for a year without disciplinary infraction, but during the
period from 23 to 29 March 1982, you were in an unauthorized
absence (UA) status for six days.
On 7 April 1983 you received nonjudicial punishment (NJP) for
wrongful possession of marijuana and possession of marijuana with
intent to distribute. The punishment imposed was restriction and
extra duty for 45 days, reduction to paygrade E-1, and a §572
forfeiture of pay. Shortly thereafter, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural rights, the discharge
authority directed your commanding officer to issue you an other
than honorable discharge by reason of misconduct due to drug
abuse, and on 27 May 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that your
misconduct was the result of trying to fit in and being involved
with the wrong crowd. Nevertheless, the Board concluded these
jfactors were not géficient to warrant recharacterization of your
Ascharse becausSe:.ot the seriousness of your drug related
asconduct which tesulted in an NUP. Further, you were given an
opportunity to defend yourself, but waived your procedural right
he present your case to an administrative discharge board.
Finally, there is no evidence in the record, and you submitted
none, to support your assertion. Accordingly, your application
has been denied.
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,
Executive Lor
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