DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10266-10
8 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 6 July 2011. 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
injustice.
You enlisted in the Navy on 6 March 1984 at age 20 and
immediately began a period of active duty. You served for about
nine months without disciplinary incident, but on 16 December
1984, you received nonjudicial punishment (NJP) for wrongful use
of marijuana. About two months later, on 28 February 1985, you
were convicted by summary court-martial (SCM) of wrongful
possession of drug paraphernalia. On 29 May and again on 16 July
1985 you received NJP for six periods of failure to go to your
appointed place of duty, dereliction of duty, three
specifications of wrongful possession of marijuana, wrongful
possession of methamphetamines, wrongful use of marijuana, and
absence from your appointed place of duty.
Subsequently, 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).
Your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
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 19
July 1985, 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 frequent and repeated drug
related misconduct which resulted in three NJPs and a SCM.
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
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. D
Executive
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