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DEPARTMENT OF .THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN .
Docket No: 04355-09
8 April 2010
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 30 March 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documéntary 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
16 January 1981 at age 19. On 23 December 1982 and 27 January
1983, you received nonjudicial punishment (NUP) for use of
marijuana and disobedience. After your first NUP, you were
counseled and warned that further misconduct could result in
administrative discharge action. Based on the information
currently contained in your record it appears you were notified
of pending administrative separation action by reason of
misconduct due to a pattern of misconduct. Further, it appears
you waived your rights to consuit counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded and the separation authority directed a
general discharge by reason of misconduct. On 18 March 1983, you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service, Wevertheless, the Board found that 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. The Board noted that it
appears you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Finally, the
Board also noted that you were fortunate to receive a general
discharge since a discharge under other than honorable conditions
is often directed when an individual is separated for misconduct.
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,
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