DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 05250-11
29 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 29 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 23 November 1932, and
served without disciplinary incident until 14 March 1984, when
you received nonjudicial punishment (NJP) for the wrongful use of
a controlled substance. Shortly thereafter, on 9 April 1984, you
received NJP for an unauthorized absence, missing ship’s
movement, and breaking restriction. Additionally, on 1 June
1984, you received another NJP for the wrongful use of a
controlled substance. On 5 June 1984, you were deemed not drug
dependent. 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 19 June 1984, you were separated with an
OTH discharge due to misconduct (drug abuse) 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, marital issues, and allegation that an officer
suggested that you abuse drugs to get out of the Navy. However,
the Board concluded these factors were insufficient to warrant
upgrading your discharge because of the seriousness of your
offense (drug abuse). The Board also noted that you waived your
procedural right to an ADB, your best opportunity for retention
or a better characterization of service. Finally, the Board
found no evidence in your record to support your allegation, and
you provided no such evidence. 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,
ons
Executive Dilie
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