DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BAN
Docket No: 04222-10
13 January 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 13 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 on 17 April 1978, and served without
disciplinary incident until 13 November 1978, when you received
nonjudicial punishment (NJP) for two specifications of failing to
obey a lawful order. Shortly thereafter, you received the
following disciplinary actions: on 14 July 1980, you received NJP
for possession of drug paraphernalia; on 28 November 1980, you
were convicted at a special court-martial (SPCM) for UA in excess
of 50 days, possession of an illegal substance (hashish), and
breaking restriction; on 6 March 1981, you received NJP for
possession of an illegal substance (marijuana), disrespect,
defecating on a shipmate’s pillow, and communicating a threat.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to serious misconduct. You
exercised your right to request an administrative discharge board
(ADB). The ADB found that you had committed misconduct and
recommended separation with an OTH discharge. The separation
authority approved the recommendation and on 20 March 1981, you
were separated with an OTH discharge and an RE-4 (not recommended
for retention) reenlistment code due to serious misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant a
recharacterization of your discharge due to your repeated acts of
misconduct some of which were serious in nature. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
4Tt is regretted that the circumstances of your case are such that
yfavorable 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,
Lo eau
W. DEAN PFRIAF
Executive Dj or
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