DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03870-10
28 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 26 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, reguiations,
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 24 May 1974 and began a period of
active duty. On 21 February 1975, you received nonjudicial
punishment (NJP) for disobeying a lawful general regulation. On
12 August 1975, you received NUP for being in an unauthorized
absence (UA) status for one day. On 5 August 1976, you received
NIP for being UA, missing your ship’s movement, and possession of
marijuana. On 12 November 1976, you received NJP for being UA
for 32 days. Administrative separation action was initiated by
reason of misconduct for drug abuse (use). You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions (OTH) by reason
of misconduct. The discharge authority directed an OTH discharge
by reason of misconduct for drug abuse (use). On 18 November
1976, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
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these factors were not sufficient to warrant recharacterization
of your discharge, given your record of four NUPs for misconduct,
and drug abuse (use). The Board noted that you waived your
rights to an ADB, your best opportunity for retention or a more
favorable 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 mnot be taken. You are entitled to have the
Board reconsider ¥ts decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regafd, 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,
\Qoa§
W. DEAN PF R
t
Executive Dire r
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