DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11634-10-
18 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 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 16 August 2011. The names and votes of the
members of the panel will be furnished wpon 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 reenlisted in the Navy on 21 October 1981 after four years of
prior honorable service. You continued to serve for one year and
seven months without disciplinary incident, but on 11 May 1983,
you received nonjudicial punishment (NJP) for wrongful possession
and use of marijuana. The punishment imposed was restriction and
extra duty for 45 days, reduction.to paygrade E-4, and a $888
forfeiture of pay. Shortly thereafter, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural rights, 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 6 November 1983, you were so discharged.
“The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your other
than honorable discharge. It also considered your assertion of
self-medication for your mental problems and depression.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in an NUP. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an administrative discharge board. Finally, there is no
evidence in the record and you submitted none, to support your
assertion. 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,
lo wand,
W. DEAN PFENVEF
Executive oO
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701-5, COURTHOUSE ROAD, SUITE 1001 - ARLINGTON, VA 22204-24906 : TIR