DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03892-11
15 February 2012
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 14 February 2012. 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
6 August 1975. The Board found that on 1 March 1977, you
received nonjudicial punishment (NUP) for 22 days of
unauthorized absence, missing ship’s movement, wrongful
possession of marijuana and barbiturates, wrongful use of
marijuana, and communicating a threat. You received a
forfeiture of pay, a reduction in paygrade, and correctional
custody. Subsequently, 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) provided
you would be given a general discharge. Your case was forwarded
recommending that you be discharged under honorable conditions
by reason of misconduct due to drug abuse. The discharge
authority concurred and directed a general discharge by reason
of misconduct. On 16 April 1977, you were so discharged.
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 NUP for drug use. Finally, the Board
noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed when an individual is discharged for misconduct.
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,
hy ; set wv F
Executive Difregt
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