DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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Docket No: 3495-10
17 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 15 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
aus bile .
You enlisted in the Navy on 28 October 1980 at age 25 and served
for nearly a year without disciplinary incident. However, on 1
September 1981, you were convicted by special court-martial
(SPCM) of six specifications of wrongful conspiracy to sell
marijuana and two specifications each of wrongful possession,
transfer, and sale of marijuana. You were sentenced to a $1,002
forfeiture of pay, reduction to paygrade E-1, and confinement at
hard labor for four months.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 29 October
1982 an ADB recommended retention even though you had committed
misconduct due to drug abuse. However, on 22 November 1982, your
commanding officer did not concur with the ADB recommendation for
retention and recommended discharge under honorable conditions.
On 12 December 1982 the discharge authority approved the
recommendation for separation and directed your commanding
officer to issue you a general discharge under honorable
conditions by reason of convenience of the government due to drug
abuse, and on 20 December 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, desire to change the
characterization of your discharge, and assertion that you have
paid your debt for your misconduct. It also considered your
character reference lettérs provided in support of your case.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug-related misconduct which
resulted in a SPCM. The Board concluded that you were fortunate
to receive a general discharge since a punitive discharge is
normally issued when a Sailor is separated due to drug abuse.
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,
\» Doan
W. DEAN PFI
Executive
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