DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03349-10
20 January 2011
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 19 January 2011. 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 August 1980. The Board found that you received two nonjudicial
punishments (NJP’s) for Aisrespectful language and wrongful use
of marijuana. Additionally, service record entries state that
you were identified as a drug abuser on two different occasions,
and counseled and warned that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug use. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. The discharge authority concurred and directed an
OTH discharge by reason of misconduct due to drug use. On
8 April 1983, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and characters letters. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP’s, one of
which was for drug use, and the fact that you were counseled and
warned of the consequences of further misconduct and drug use.
Finally, the Board noted that you waived the right to an ADB,
your best chance 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 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,
Lon
W. DEAN PFEIS
Executive D )
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