DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SIN
WASHINGTON DC 20370-5100 Docket No: 11323-10
21 July 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 19 July 2011. Your allegations of error and
injustice were reviewed sn 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
5 January 1981. The Board found that you received five
nonjudicial punishments (NJP‘s) for disobedience, dereliction of
duty, disrespect, and two instances of wrongful use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug use. Additionally, you were
counseled and warned after your third NUP, that further
misconduct could result in administrative discharge action. 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 conditions by reason of misconduct. Your
commanding officer stated, in part, that your continued disregard
for the Navy's zero tolerance policy clearly indicated your
unwillingness to conform to standards. On 22 December 1984, the
discharge authority concurred and directed an other than
honorable discharge by reason of misconduct due to drug use. You
were so discharged on 18 January 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and successful completion of the Star Program.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your five NJP‘s, two of which were for drug use, and the fact
that you were warned of the consequences of further misconduct
and drug use after your third NUP. Finally, the Board noted that
you waived the right to an ADB, your best chance 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,
\wNrond
W. DEAN PFE
Executive Director
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