DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 4668-11
10 February 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 7 February 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
Ln juSetices.
You enlisted in the Naval Reserve on 16 December 1981 at age 22
and began a period of active duty. You served for about five
months without disciplinary incident. However, during the period
from 25 May to 17 December 1982, you received nonjudicial
punishment (NJP) on three occasions for absence from your
appointed place of duty, driving under the influence of alcohol,
reckless driving, and three periods of failure to go to your ‘
appointed place of duty. On 20 January and again on 3 February
1983 you received NUP for four periods of failure to go to your
appointed place of duty. Shortly thereafter, om 26 April 1983,
you were convicted by summary court-martial (SCM) of failure to
obey a lawful order and wrongful use of marijuana. You were
sentenced to confinement at hard labor for 30 days and a $380
forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct and drug
abuse. After waiving your procedural rights, your commanding
officer recommended discharge under other than honorable
conditions. On 28 June 1983 the discharge authority approved
this recommendation and directed discharge under other than
honorable conditions by reason of misconduct, and on 11 July
1983, you were so 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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in six NJUPs and
included drug abuse. Finally, you were given an opportunity to
defend yourself but waived your procedural right to legal counsel
and to present your case to an administrative discharge board.
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 injuskice.
Sincerely,
Lo Nose
W. DEAN BF f
Executive tlr
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