DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 06333-10
4 April 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 29 March 2011. Your allegations of error and
injustice were reviewed jn 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
3 February 1983. The Board found that you received three
nonjudicial punishments (NJP's) for two instances of wrongful use
of marijuana, three instances of disobedience, and dereliction of
duty. Additionally, you were counseled and warned after your
first NUP, that further misconduct could result in administrative
discharge charge action. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug use.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your commanding officer forwarded your case stating, im part,
that you had been counseled at all levels, identified as a drug
abuser upon reporting by an accession urinalysis, and were place
in the command’s substance abuse program. You were also afforded
drug rehabilitation, but continued to abuse drugs. He
recommended that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to drug use. On 13 June 1984, you were
so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NUP'’s, two of which were for drug use, and the
fact that you were warned of the consequences of further
misconduct after your first NUP and briefed on Navy policy of
drug and alcohol abuse. Finally, the Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service.; Accordingly, your application has
been denied. The names and tvotesgof the members of the panel
will be furnished upon request » ,
é
It is regretted that the czrcumstances 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,
[Mead
W. DEAN P
Executive ‘Dikeltor
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