DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 01070-11
9 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 8 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
5 August 1982. The Board found that you were briefed on two
oucagions about the Navy’s policy on drugs and alcohol abuse. On
1L May 1984, you received nonjudicial punishment (NJP} for
wrongful use of marijuana. You received restriction, extra duty,
a reduction in paygrade, and a forfeiture of pay. On 4 July
1984, a drug report stated, in part, that you were a good worker,
had potential for further naval service, and it appeared your
drug use was an isolated incident. However, on 31 December 1984,
a medical entry states, in part, that you tested positive for
marijuana use on two additional occasions and attended Level I
substance abuse treatment. At that time, you were found not to
be dependent on drugs. Subsequentiy, administrative discharge
action was initiated by reason of misconduct due to drug use.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Your case was forwarded recommending that you be discharged under
other than honorable conditions by reason of misconduct. Your
commanding officer stated, in part, that your attitude toward
continued drug use could not be tolerated, evidence indicated
that you had no intention of discontinuing your drug use as
evidenced by your positive urinalyses, and that your blatant drug
use was highly prejudicial to good order and discipline. On
2 April 1985, the discharge authority concurred and directed an
other than honorable discharge by reason of misconduct due to
drug abuse. You were so discharged on 9 April 1985.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP for drug use, two additional positive urinalyses,
and the fact that you were briefed on Navy policy of drug and
alcohol abuse. Finally, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of gervice. 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 PFE
Executive Dire
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