DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 413-12
27 September 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 26 September 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
21 January 1980 at age 19. During recruit training you made a
voluntary written statement that you had failed to disclose pre-
service drug involvement. You stated, in part, that you
wrongfully used marijuana 3,000 times from September 1974
through December 1978 and sold marijuana for profit. Asa
result of your failure to disclose this information, your
commanding officer initiated administrative discharge action by
reason of fraudulent entry as evidenced by your concealment Of
pre-service drug use and sales. You waived your procedural
right to an administrative discharge board (ADB). On 10 April
1980 the commanding officer recommended that you be discharged
with an other than honorable (OTH) characterization of service
due to misconduct (fraudulent enlistment). On 15 April 1980,
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. However, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
due to your failure to disclose your pre-service drug
involvement. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of serviced. 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 gill official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
éxistence of probable material error or injustice.
Sincerely,
W. DEAN PF
Executive D
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