DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6684-10
12 November 2010
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 9 November 2010. 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
imjustace .
You enlisted in the Navy on 20 June 1984 at age 22 and began a
period of active duty on 3 October 1984. You served without
disciplinary incident until 29 April 1985, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana and a
two day period of unauthorized absence. The punishment imposed
was a $400 forfeiture of pay, extra duty and restriction for 45
days, and reduction to paygrade E-1.
On 12 September 1986 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 13 September 1986 you received NUP for wrongful use of
marijuana and were awarded a $400 forfeiture of pay, restriction
and extra duty for 45 days, and a reduction to paygrade E-2. On
26 September 1986 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 2 October 1986 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 20 October 1986, 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, post service conduct, 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 drug related misconduct which
resulted in two NUPs. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. 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
prefumption 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,
\y
W. DEAN P
Executive
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