DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06974-10
31 March 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.
DA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 March 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 had prior service in the Navy from 1978 to 1982 and received
an honorable discharge. You reenlisted on 21 October 1982, and
served without disciplinary incident until 12 November 1982, when
you received nonjudicial punishment (NJP) for an unauthorized
absence (UA) and for the illegal possession of a controlled
substance (marijuana). Shortly thereafter, on 7 April 1983, you
received NUP for the wrongful use of a controlled substance
(marijuana). In June 1983, you were scheduled to receive
substance abuse treatment; however, you did not accept it.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, to include your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation. Therefore, on 29 August 1983, you
were separated with an OTH discharge and an RE-4 reenlistment
code due to misconduct (drug abuse) .
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and prior honorable service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. In addition, the Board denied your request for a
personal appearance. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request. f
oa =
It*is regretted that ®he circumstances of your case are such that
fatorable action canmot be taken. You are entitled to have the
Bodrd 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,
Lit
W. DEAN PFI]
Executive
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