DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07273-10
2 May 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 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 entered active duty in the Navy on 16 September 1977, and
served without disciplinary incident until 11 April 1978, when
you received nonjudicial punishment (NJP) for the illegal
possession of a controlled substance (marijuana). You were given
a page 13 warning and retained in service. However, on 20 June
1978, you received another NJP for an unauthorized absence (UA)
totaling five days. You were then notified that you were being
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 25 August 1978, 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 claim that you were told that your discharge would
be upgraded in six months. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge due to your drug abuse and other misconduct.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Accordingly, your application has been 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,
Lb:
W. DEAN PFEI
Executive Di
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