DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3630-10
9 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 8 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 4 January 1982 at age 18 and served
without disciplinary incident until 29 October 1982, when you
received nonjudicial punishment (NUP) for a two day period of
unauthorized absence (UA). Shortly thereafter, on 22 November
1982, you received NJP for wrongful use of marijuana, and failure
to prevent the wrongful use of marijuana.
On 2 March 1983 you were notified of pending administrative
separation action by reason of misconduct. At that time you
waived your right to consult with legal counsel and to present
your case to an administrative discharge board (ADB) .
Subsequently, your commanding officer recommended discharge under
honorable conditions by reason of misconduct. The discharge
authority approved this recommendation and directed your
commanding officer to issue you a general discharge by reason of
misconduct, and on 17 March 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 for employment
purposes. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NJPs and included drug abuse. Further, you were
given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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,
INA ,
W. DEAN PF
Executive or
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