DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 00207-12
22 October 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 17 October 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
1 February 1982. The Board found that on 2 February 1982, you
were briefed on the Navy’s policy on drug and alcohol abuse. On
18 December 1983, you were convicted by summary court-martial
(SCM) of 23 days of unauthorized absence (UA). On 9 January
1984, you received nonjudicial punishment (NUP) for larceny from
the Navy Exchange. On 2 March 1984, you were convicted by SCM of
29 days of UA. On 9 March 1984, you were counseled and warned
that further misconduct could result in administrative discharge
action. On 4 March 1985, you were convicted by a third SCM of
wrongful possession and use of marijuana. You were sentenced to
confinement at hard labor, a forfeiture of pay, and a reduction
in paygrade. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 1 April 1985, your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 8 April 1985, the separation authority
concurred and directed an OTH discharge by reason of misconduct
due to a pattern of misconduct. You were so discharged on
11 April 1985.
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 NJP and three SCM convictions, the last being for the
wrongful use of drugs, and the fact that you were counseled and
warned of the consequences of further misconduct after your
second SCM. The Board also noted that you waived the right to an
ADB, your best chance 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 igs 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,
ON niin Se oS, Ae
ROBERT D. SALMAN
Acting Executive Director
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