DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAT
Docket No: 11454-10
3 August 2011
This ig 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 27 July 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
29 May 1980 at age 19. You acknowledged pre-service drug use and
were granted a drug abuse waiver to enter the Navy. On 23 June
1981, you were arrested by Norfolk City Police, Norfolk,
Virginia, for possession of Marijuana and trespassing. You were
convicted on both charges and sentenced to pay court costs, a
fine, and placed on first offender status. On 4 November 1981
you received nonjudicial punishment {NUP) for possession of
marijuana onboard the USS John F. Kennedy and breach of peace by
engaging in a fight on board ship. On 5 September 1982, you were
in unauthorized absence (UA) from your unit until 7 September a
period of two days. On 28 November 1982, you received NJP for
unauthorized absence from your unit for a period of six days. On
4 April 1983, you received NUP for wrongful use of marijuana.
You were counseled on several occasions regarding your misconduct
and warned that further offenses could result in administrative
separation. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct (drug abuse). You elected to consult with
legal counsel and subsequently requested an administrative
discharge board (ADB). On 17 May 1983, an ADB unanimously found
that you had committed misconduct and recommended that you be
discharged under OTH conditions due to drug abuse. On 9 August
1983, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 22 August 1983 you
were so discharged.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in three NUPs and a civil conviction. Finally, there is
no provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Tt 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,
\p ew ;
Executive or
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