DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5255-10
31 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of ttle 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, 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
31 October 1979 at age 19. You received nonjudicial punishment
(NJP) on three occasions for three instances of wrongful
possession of marijuana, disobeying a written regulation, and
wrongful use of a marijuana. You were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 29 March 1983, you were notified
that administrative discharge action was initiated to separate
you by reason of misconduct due to drug abuse. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 15 April 1983, an ADB
unanimously found that you had committed misconduct and
recommended that you be discharged under other than honorable
(OTH) conditions due to drug abuse. On 16 June 1983, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 30 June 1983 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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge or narrative reason for separation given the
seriousness of your misconduct that result in three NUPs.
Finally, concerning your assertion of alcoholism, alcohol abuse
is not “a mitigating factor for misconduct, and disciplinary
action and administrative separation are appropriate for alcohol
Yelated offenses. The Board noted that on 24 June 1983 you
signed an administrative counseling statement to waive your right
to in-patient alcohol abuse treatment at a Department of Veterans
Affairs hospital.’ 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,
W. DEAN AR
Executive Diséc
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