DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06418-10
14 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 12 April 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 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
17 November 1982. The Board found that you received three
nonjudicial punishments (NJP's) for 23 instances of absence from
your appointed place of duty (restricted musters), two periods of
unauthorized absence (UA) totaling 43 days, wrongful use of
marijuana, and possession of marijuana and drug paraphernalia.
You were convicted by summary court-martial (SCM) of two periods
of UA totaling 139 days and missing movement. Additionally, you
were counseled and warned that further misconduct could result in
administrative discharge action. Subsequently administrative
discharge action was initiated by reason of misconduct due to a
pattern of misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The discharge
authority concurred and directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. You were so
discharged on 13 August 1984.
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 NJP’s, one of which was for drug use,
conviction by SCM of periods of UA totaling over four months, and
the fact that you were counseled and warned of the consequences
of further misconduct. Finally, the Board noted that you waived
our procedural gight to an ADB, your best opportunity for
foe dice or a better characterization of service. Accordingly,
Vyour application had »een 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,
Za
1
W. DEAN PFEI
Executive Dikec
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