DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3028-10
2 February 2011
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 1 February 2011. 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 26 June 1980 at age 20 and began a
period of active duty on 1 October 1980. You served for nearly
seven months without disciplinary incident, but on 25 June and 30
July 1981, you received nonjudicial punishment (NJP) for three
specifications of wrongful possession of marijuana and two
specifications of wrongful possession of drug paraphernalia.
On 30 August 1982 you received your third NUP for wrongful use of
marijuana and were awarded a $600 forfeiture of pay and
correctional custedy for 30 days. .Shortly thereafter, on 2
September 1982, you were processed for an administrative
separation by reason of misconduct due to drug abuse. After
waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct. Subsequently, on 10 March 1983, the
discharge authority approved this recommendation and directed
your commanding officer to issue you a discharge under other than
honorable conditions by reason of misconduct, and on 13 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 and desire to upgrade your discharge. It also
considered your assertion that you made a mistake that you should
have been afforded help, but were instead treated harshly.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the serioysness of your repetitive drug-related
misconduct which resulted in three NJPs. Further, you were given
an opportunity to defend yourself, but waived your procedural
right to 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,
\p oak
W. DEAN PFE
Executive Dire
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