DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3048-10
26 January 2011
ee
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 25 January 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 16 October 1979 at age 17 and served
without disciplinary incident until 25 February 1981, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. You received two more NUPs on 24 January and 18
February 1983 for falsifying an official document, a one day
period of unauthorized absence (UA), and wrongful use of
marijuana.
On 31 January 1984 you received your fourth NJP for wrongful use
of marijuana and were awarded a $668 forfeiture of pay,
restriction and extra duty for 45 days, and reduction to paygrade
E-2. Shortly thereafter, on 1 February 1984, you were notified
of pending administrative separation action by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities, a pattern of misconduct, and drug
abuse. After waiving your procedural rights to legal counsel and
an administrative discharge board (ADB), your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities, a pattern of
misconduct, and drug abuse. On 9 February 1984 the discharge
authority approved this recommendation and directed your
commanding officer to discharge you under other than honorable
conditions by reason of misconduct, and on 17 February 1984, 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 so that you may
obtain medical benefits. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated drug
related misconduct*which resulted in four NUPs. 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
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