DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 3306-11
17 January 2012
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 January 2012. 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 8 May 1977 at age 19 and began a
period of active duty. You served for about nine months without
disciplinary incident. However, during the period from 10
February to 5 May 1978, you received nonjudicial punishment (NJP)
on four occasions for missing the movement of your ship, wrongful
possession of another person's prescription drugs, two periods of
unauthorized absence (UA) totalling 12 days, disobedience, and
four periods of absence from your appointed place of duty.
During the foregoing period you were also referred for a medical
evaluation to determine your drug dependency. The medical report
stated, in part, that you had been apprehended for possession of
marijuana, admitted continued use of marijuana prior to and after
enlistment: and being “high on pot” over 100 times since boot
camp. You also stated that you did not crave marijuana, but did
not see the need to quit using it. Subsequently, you were
diagnosed as a habitual drug user and recommended for an
administrative separation.
As a result of the foregoing, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB), your commanding officer recommended you be
issued a general discharge by reason of misconduct. The
discharge authority approved this recommendation and directed
separation under honorable conditions by reason of misconduct due
to drug abuse. On 19 June 1978, while serving in paygrade E-1,
you were issued a general discharge by reason of misconduct and
assigned an RE-4 reenlistment code.
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 the characterization of your
general discharge. It also considered your assertion that your
head trauma injury was not considered at the time of your ,
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your general
discharge because of the seriousness of your misconduct, which
resulted in four NUJPs, and included an extensive use of drugs.
Finally, Sailors with a record of misconduct, such as yours,
normally receive discharges under other than honorable
conditions, and as such the Board noted that you were fortunate
to receive a general characterization of service, 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 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 DFEPEE
Executive Die
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