DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11987-10
15 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 10 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 entered active duty in the Navy on 2 July 1980, and served
without disciplinary incident until 25 August 1981, when you
received nonjudical punishment (NUP) for three specifications of
unauthorized absence (UA). Shortly thereafter, you received the
following NUP’s: on 15 October 1981, for possession of a
controlled substance (hashish) and a pipe; on 5 November 1981,
for UA; on 27 May 1982, for possession and use of a controlled
substance (marijuana); and on 3 December 1982, for possession of
a controlled substance (marijuana). Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived all of your
procedural rights, to include your right to an administrative
discharge board (ADB). The separation authority approved the
recommendation. On 3 January 1983, you were separated with an
OTH discharge and an RE-4 reenlistment code due to misconduct
(drug abuse).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and remorse. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge due to your drug abuse. The Board noted that you
waived your right to an ADB, your best opportunity 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,
Ll Qanghrel!
W. DEAN PFE
Executive Dil
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