DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SIN
WASHINGTON DC 20370-5100 Docket No: neee7-10
8 June 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 16 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 7 June 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
16 February 1983. The Board found that on 14 June 1983, you were
informed of the Navy’s policy regarding drug and alcohol abuse.
On 1 November 1983 and 25 May 1984, you received nonjudicial
punishment (NUP) for seven days of unauthorized absence (UA) and
disorderly conduct. On 29 May 1984, you were counseled and
warned that further misconduct could result in administrative
discharge action. On 23 March 1985, you received NUP for
wrongful use of marijuana. You received restriction, extra duty,
a forfeiture of pay, and a reduction in paygrade. On 1 and
15 May 1985, you tested positive for drug use after command
directed urinalyses and were enrolled in a drug rehabilitation
program on 21 May 1985. 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 due to a pattern of misconduct. Your commanding
officer stated, in part, that you were given a chance to overcome
your drug problem after your first incident but chose to continue
using drugs. The discharge authority concurred and directed an
OTH discharge by reason of misconduct due to pattern of
misconduct. On 21 August 1985, you received a fourth NJP for
seven days of UA. You received a reduction in paygrade. A final
drug report stated, that you were found not to be dependent on
drugs or alcohol, but due to your continued usage while
participating in a drug rehabilitation program demonstrated your
lack of potential,for further service. You received the OTH
characterization of service on 23 August 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and character letter. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the fact that you were informed of the
Navy’s policy regarding drug and alcohol abuse, your four NJP’s,
one of which was for drug use, the fact that you were counseled
and warned of the consequences of further misconduct, and your
failure to adhere to your command’s drug rehabilitation program.
Finally, the Board noted that you waived you procedural 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,
\s
W. DEAN
Executive D
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