DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5256-09 -
9 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 tor Correction of Naval
Records, sitting in executive session, considered your
application on 31 March 2010. 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 20
October 1980 at age 19. On 30 April 1981, you received
nonjudicial punishment (NUP) for wrongful possession of
marijuana. On 14 September 1981, you received NUP for a three
day period of unauthorized absence (UA) from your unit. On 3
September 1982, you were convicted by summary court-martial (SCM)
of a 39 day period of UA from your unit. On 6 October 1982, you
were notified of pending administrative separation action by
reason of misconduct due to drug abuse. You elected to consult
with legal counsel and subsequently requested an administrative
Gischarge board (ADB). On 26 October 1982, an ADB unanimously
found that you had committed misconduct and recommended that you
be discharged under other than honorable (OTH) conditions.
Subsequently, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On 27
February 1983, the separation authority directed a general
discharge by reason of misconduct due to drug abuse. On 27 May
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board also believed that you were fortunate to receive a general
discharge since a characterization under other than honorable
conditions is often directed when a Sailor 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,
Doe Shp
W. Sea
Executive tor
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