DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 6139-10
8 April 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 5 April 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 25 June 1980 at age 17 and began a
period of active duty on 14 April 1981. You served without
disciplinary incident for two years and three months. However,
on 2 July and again on 23 August 1983, you received nonjudicial
punishment (NIP) for wrongful use of marijuana.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 9 December
1984 an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 11
January 1984 your commanding officer, in concurrence with the
ADB, also recommended discharge by reason of misconduct, but with
a general under honorable conditions characterization of service.
Nonetheless, the discharge authority approved the recommendations
for discharge and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 30 January 1984, 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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive drug related misconduct which resulted in two
NJPs. Accordingly, your application has been denied.
It is regretted fhat the circumstances of your case are such that
“favorable actign cannot be taken. You are entitled to have the
Board reconsidef 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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