DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
TUR
Docket No: 373-11
21 October 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 October 2011. The names and votes of the
members of the panel will be furnished upon request. 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 on 4 October 1977 at age 17 and
immediately began a period of active duty. About four months
later, on 22 February 1978, you received nonjudicial punishment
(NTP) for wrongful possession of Marijuana. One year later, on
22 February 1979, you received NIP for wrongful possession, use,
and introduction of marijuana.
On 14 February and again on 3 March 1980 you received NUP for
communicating a threat, failure to go to your appointed place of
duty, and wrongful possession of marijuana. On S March 1980 you
were convicted by summary court-martial (SCM) of absence from
your appointed place of duty, neglectful damage (about $2,000) to
a government vehicle, wrongful appropriation of a $4,600
government vehicle, and failure to submit an accident report.
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to drug abuse. After waiving
your procedural right to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
47 March 1980, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 30 March 1980 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 4 April 1980, you were 50 discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were not afforded treatment
for your alcohol and drug addiction. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in four NJPs and a
SCM. Further, you were given an opportunity to defend yourself,
but waived your procedural right to present your case to an ADB.
Accordingly, your application has been denied.
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 4
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,
\d) Nyoameac}
W. DEAN P
Executive Qi tor
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