DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION. OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11958-10.
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 im executive session, considered your
application on 3 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 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 1 October 1981 after more than
seven years of prior honorable service. On 22 July 1983, you
received nonjudicial punishment (NJP) for wrongful distribution
of methamphetamines and lysergic acid diethylamide (LSD).
On 2 September 1983, you were notified that administrative
discharge action was initiated to separate you by reason of
misconduct due to drug abuse. You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 18 October 1983, an ADB unanimously found that
you had committed misconduct and recommended that you be
discharged under other than honorable (OTH} conditions due to
misconduct-drug abuse. On 25 November 1983, the separation
authority directed an OTH discharge by reason of misconduct due
to drug abuse (trafficking). On 1 December 1983 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service 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. 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,
\w Alsen
W. DEAN I
Executive Ditéctor
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