DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
@ NAVY ANNEX
REC
WASHINGT i
ON DC 20370-5100 Hooket No: 10707-10
10 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 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 10 August 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 ali 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 19 July 1982, at age 17. On 22 May
1983, you were convicted by a general court-martial (GCM) of
conspiring to commit larceny, possession of a dangerous weapon,
willfully and wrongfully causing damage to the interior of a
fellow Sailor’s van, and stealing and possession of marijuana.
You were sentenced to forfeitures of $2,400, reduction in pay
grade, and confinement at hard labor for 250 days. On 19 August
1983, administrative separation action was initiated by reason of
misconduct for drug abuse. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct due to
drug abuse. The discharge authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 17 February 1984, you
received the OTH discharge due to misconduct (drug abuse). At
that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one conviction by a GCM
of drug abuse. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
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,
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