DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
‘Rtoneract™ WASHINGTON DC 20370-5100
Sea SJN
Docket No: 04857-10
3 March 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 1 March 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 or
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
14 April 1979. The Board found that you received four
nonjudicial punishments (NJP’s) for three periods of unauthorized
absence totaling 12 days, three instances of disobedience,
disrespect, misappropriation of government property, resisting
apprehension, and possession of hashish and drug paraphernalia.
Additionally, you were convicted by civil authorities of
possession and sale of marijuana. You were sentenced to 30 days
in jail. Additionally, you were counseled and warned after your
first NIP, that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to drug use. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable conditions by reason of misconduct. The
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct due to drug use. On
14 November 1980, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, post service accomplishment,
diagnosed medical problems, and letters of recommendation from
the Center of Mental Health. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your four NJP’s, one of which was for
drug possession, conviction by civil authorities for possession
and sale of marijuana, and the fact that you were warned of the
consequences ef further misconduct. Finally, the Board noted
“that you waived the “right zo an ADB, your best chance for
“retention or.a better characterization of service. Accordingly,
Sour applicatich has been denied. The names and votes of the
gmembers 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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