DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 00945-11
2 November 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 November 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
9 February 1982. The Board found that on 13 July 1983, you were
convicted by summary court-martial (SCM) of 16 days of
unauthorized absence (UA) and wrongful use of marijuana.
Subsequently, on 10 August 1983, administrative discharge action
was initiated by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
18 August 1983, you received nonjudicial punishment (NIP) for
four instances of absence from your appointed place of duty, and
three instances of breaking restriction. On 19 August 1983,
your case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
On 25 August 1983, the discharge authority concurred and directed
an OTH discharge by reason of misconduct due to drug abuse. You
were so discharged on 1 September 1983.
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 be upgraded. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your SCM for drug use and NIP, which you
received after you were notified that you were being
administratively separated from the service. The Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. 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 4 correction of an official naval .
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
f
W. DEAN PFIN]
Executive r or
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