DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 04971-11
21 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 15 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 entered active duty in the Navy on 26 January 1977, and
served without disciplinary incident until 17 September 1977,
when you received nonjudicial punishment (NIP) for an
unauthorized absence (UA) and failure to obey a lawful order.
Shortly thereafter, on 23 March 1978, you received NJP for the
illegal use of a controlled substance and dereliction of duty.
In a medical screening, you also admitted to the use of
marijuana, hashish, amphetamines, barbiturates, and cocaine.
Additionally, you received another NJP on 4 May 1978 for
disobeying a lawful order. On 18 October 1978, you were
convicted at a summary court-martial of the illegal use of a
controlled substance, and failure to go to your appointed place
of duty. Finally, on 8 November 1978, you received another NJP
for failure to go to your appointed place of duty and breaking
restriction. You were recommended for administrative separation
with an other than honorable (OTH) discharge due to your drug
abuse. You waived your rights to counsel and an administrative
discharge board (ADB). The separation authority approved the
recommendation and on 8 November 1978, you were separated with an
OTH discharge and 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 post service conduct. However, the Board
concluded these factors were insufficient to warrant upgrading
your discharge. The Board noted that you waived your procedural
right to an ADB, your best opportunity for retention or a better
characterization of service. 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,
Wong |
W. DEAN P ss
Executive Dive
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