DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5536-10
10 February 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 8 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 28 April 1980. You
received nonjudicial punishment on five occasions for failure
to obey a lawful regulation (two specifications), wrongful
possession of marijuana (two specifications totaling 4.0
grams), wrongful use of marijuana (two specifications) ,
assault, forging an inter-station pass, unauthorized absence
(two specifications totaling 19 days), missing restriction
(seven specifications), and missing the movement of your ship.
You were notified that your commanding officer was recommending
you for administrative separation with a conditions under other
than honorable (OTH) discharge due to misconduct (drug abuse -
use). You waived all your procedural right to an
administrative discharge board (ADB), and your right to request
in-patient drug rehabilitation. On 13 October 1983, you
received a conditions under OTH discharge due to misconduct
(drug abuse - use).
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire for veterans’ benefits. However, the Board concluded
that your discharge should not be changed due to your numerous
acts of misconduct. The Board found that you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is upgraded automatically due solely to the passage of time or
post service good conduct. In view of the above, 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,
Executive
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