DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 6092-10
24 March 2011
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 22 March 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 17 November 1980 at age 18 and began
a period of active duty on 3 March 1981. You served for about
three months without disciplinary incident, but on 3 June and 1
October 1981, you received nonjudicial punishment (NOP) for
failure to obey a lawful order and assault on a fellow shipmate.
On 12 October 1982 you received your third NJP for wrongful
possession of hashish and were awarded restriction and extra duty
for 30 days, reduction to paygrade E-2, and a $200 forfeiture of
pay. A portion of the punishment was suspended for three months.
On 17 December 1982 you were convicted by civil authorities of
possession of marijuana, resisting arrest, and failure to appear,
and sentenced to a $45 fine. Shortly thereafter, on 27 December
1982, you were notified of pending administrative separation
action by reason of misconduct due to drug abuse. At that time
you waived your right to consult with legal counsel and to
present your case to an administrative discharge board (ADB).
On 23 January 1983 you received NUP for a 10 day period of
unauthorized absence (UA) and were awarded restriction and extra
duty for 20 days, a $200 forfeiture of pay, and reduction to
paygrade E-2. On 25 January 1983 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse and civil conviction. On
26 January 1983 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 17 February 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertions of harassment, duplicate urine sample
testing, and not being offered other alternatives to resolve your
problems. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug-related misconduct which
resulted in four NUPs and conviction by civil authorities.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, there is no documented evidence in the record, and you
provided none, to support your assertions. Accordingly, your
application has been denied.
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,
Wend )
W. DEAN PFESF
Executive Dyxyet®Yor
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