DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No; 12477-1060
19 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, sittitig in executive session, considered your
application on 17 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 enlisted in the Navy and began a period of active duty on
27 March 1984 at age 22. On 10 May 1984, you received
nonjudicial punishment (NUP) for failure to obey a lawful order.
On 10 July 1984, you were convicted by summary court-martial
(SCM) of unauthorized absence (UA) from your unit for-a period of
30 days. On 19 July 1984, you were again convicted by SCM of UA
for a period of two days and breaking restriction. On 29 June
1984, you tested positive for Marijuana use. You were notified
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, including your right to an
administrative discharge board (ADB). On 15 August 1984, you
received the OTH discharge for misconduct (drug abuse).
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
resuited in an NUP, two SCMs and in service drug use. The Board
noted you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Finally, no
discharge is automatically upgraded due to passage of time or an
individual's good behavior after discharge. 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,
Deans
W. DEAN PFEU RF
Executive D Cc
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