DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 00217-11
17 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 13 October 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 20 June 1983. On 22 June 1983, you
signed and acknowledged documentation concerning the Navy’s
policy on drug and alcohol abuse. On 3 October 1983, you
received nonjudiciai punishment (NUP) for theft. On 13 July
1984, you received NUP for wrongful use of marijuana.
Apparently, you were placed in an alcohol and drug rehabilitation
program. However, on 5 September 1984, you provided a urinalysis
sample which tested positive for marijuana while in the aftercare
program. On i October 1984, administrative separation action was
initiated by reason of misconduct for drug abuse (use). You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On 4
October 1984, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct (drug use). However, on
23 October 1984, you received NIP for wrongful use of marijuana.
On 25 October 1984, the discharge authority directed an OTH
discharge by reason of misconduct for drug abuse (use).
On 6 November 1984, you received the OTH discharge due to
misconduct drug abuse (use). At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of two NUP’s for misconduct, and drug abuse (use).
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a more favorable 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,
lp
W. DEAN DF
Executive Diretto
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