DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4708-11
17 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 14 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
Injustice.
You enlisted in the Navy on 26 March 1982 at age 18 and began a
period of active duty on 5 April 1982. About four months later,
on 25 August 1982, you received nonjudicial punishment (NJP) for
disobedience and absence from your appointed place of duty.
Shortly thereafter, on 4 November and again on 4 December 1982,
you received NJP for two periods of absence from your appointed
place of duty, disrespect, wrongful possession of marijuana,
misbehavior as a sentinel, failure to go to your appointed place
of duty, and dereliction of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. On 4 January 1983,
after waiving your procedural rights, your commanding officer
recommended discharge under other than honorable conditions. The
discharge authority approved this recommendation and directed
discharge under other than honorable conditions by reason of
misconduct, and on 17 January 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. It also
considered your assertion that you were told that you would be
separated from the Navy under Project Upgrade. 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 three NJPs 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 injustice.
Sincerely,
ool
W. DEAN PF
Executive Director
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