DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06430-10
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
13 January 1981. The Board found that on 19 October 1982, you
received nonjudicial punishment (NUP) for wrongful use of
Marijuana. You received a forfeiture of pay, a reduction in
paygrade, and were placed in a drug rehabilitation program. On
15 February 1983, you tested positive for drug use and were later
sdentified as a drug abuser. Subsequently, after two additional
positive urinalyses for drug use, administrative discharge action
was initiated by reason of misconduct due to drug abuse. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB).
On 30 June 1983, the ADB recommended separation with an other
than honorable discharge by reason of misconduct due to drug
abuse. On 13 July 1983, you tested positive once again for drug
use. On 20 July 1983, your commanding officer concurred with the
ADB’s finding and forwarded his recommendation that you be
discharged. On 6 August 1983, the discharge authority directed
an other than honorable discharge by reason of misconduct. On
17 August 1983 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP for drug use and failure to adhere to your command's
drug rehabilitation program by continuing to test positive for
drug use. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
ulbon request.
ES
a4
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,
W. DEAN PF
Executive DWre'ctoy
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