DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SdN
Docket No: 00272-11
18 October 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 in executive session, considered your
application on 12 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 enlisted in the Navy and began a period of active duty on
5 May 1981. The Board found that on 29 January 1982, you were
counseled regarding two instances of wrongfully possessing
marijuana. You were warned that further misconduct could result
in administrative discharge action. On 10 February 1982, you
were involuntarily processed for separation due to unsatisfactory
performance. After being informed of you procedural rights, your
commanding officer stated, in part, that you were counseled at
all levels of the chain of command that did not produce positive
resuits. It wag anticipated that you would continue to be a
discipline problem, administrative burden, and be non-productive
which would have resulted in an administrative discharge action
or punitive discharge. You received a general discharge on
23 February 1982.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
automatically change after six months. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the fact that you were
counseled and warned of the consequences of further
unsatisfactory performance. Finally, you are advised that there
is no provision of law or in Navy regulations that allows for
recharacterization automatically after six months or due solely
to the passage of time. 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. DEAN PF E
Executive Dine
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