DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 26370-5100
TUR
Docket No: 10999-10
20 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Tatle 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 19 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 ail
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 29 January 1982 at age 19 and served
without disciplinary incident until 4 March 1984, when you
received nonjudicial punishment (NUP) for wrongful use of
Marijuana. The punishment imposed was a $572 forfeiture of pay,
reduction to paygrade E-1, and restriction for 45 days. On 19
April 1984 you received NUP for use of a controlled substance, a
10 day period of unauthorized absence (UA), and four periods of
absence from your appointed place of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, on 20 April 1984, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 4 May 1984 the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 7 May 1984, you were 80 discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertions of not being afforded legal counsel or
medical assistance, being told that your characterization of
service would be upgraded 10 years after your discharge, and
being discharged for “chronic” drug abuse which developed while
you were serving on active duty. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change in your
narrative reason for discharge because of the seriousness of your
repetitive drug related.misconduct. Also, you were given an
opportunity to’ défend yourself, but waived your procedural right
to present your case to an administrative discharge board.
Further, there is no evidence in the record, and you submitted
none, to support your assertions. Finally, no discharge is
automatically upgraded due solely to the passage of time.
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,
La. Dood
- W. EAN
Executive Dire
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