DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1616-10
18 November 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 16 November 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 Navy on 14 January 1981 at age 18 and served
without disciplinary incident until 10 July 1982, when you
received nonjudicial punishment (NUP) for a three day period of
unauthorized absence (UA). About three months later, on 14
October 1982, you received NJP for failure to go to your
appointed place of duty and wrongful use of marijuana.
On 31 March 1983 you received your third NUP for three periods of
absence from your appointed place of duty, a one day period of
UA, failure to obey a lawful order, and two specifications of
sleeping on watch. Shortly thereafter, during a medical
evaluation on 6 May 1983, you admitted to using marijuana on a
daily basis during the period from December 1982 to February
1983, and that you had no desire to quit smoking marijuana. The
record also revealed numerous positive urine samples for
marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse, a pattern of
misconduct, and frequent involvement of a discreditable nature
with military authorities. 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 frequent involvement of a discreditable nature
with military authorities as evidenced by three NUPs and repeated
counselling. On 3 June 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 and desire to upgrade your discharge. It also
considered your letter of explanation regarding your period of
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
three NUJPs, repeated counselling, and included drug abuse.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an
administrative discharge board. 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,
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