DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 03517-12
28 February 2013
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 26 February 2013. 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 on active duty service in the Navy on 7 August 1981,
and served without disciplinary incident, until 5 January 1983,
when you received nonjudicial punishment (NJP) for two
specifications of unauthorized absence and disobeying a lawful
order. Shortly thereafter, you received the following NJP's: on
27 February 1983, for wrongful possession of a controlled
substance (marijuana); and on 4 May 1983, for wrongful use of a
controlled substance (marijuana). You were recommended for
separation with an other than honorable (OTH) discharge due to
misconduct (drug abuse). You waived your rights to consult with
counsel and an administrative discharge board (ADB). The
separation authority approved the recommendation and on 23 May
1983, 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 and claim that you should have been offered drug
rehabilitation treatment. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
characterization of service, due to your misconduct .
Furthermore, the Board found that you waived your right to
consult with counsel and an ADB, your best opportunity for
retention, or a better characterization of service. Regarding
your claim, there 4s no evidence in your record that you were
found to be drug dependent, and you provided no such evidence.
In view of the above, your application has been denied. The
names and votes of the members of the panel will be furnished
upon reque st.
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,
Ld Sr Q
W. DEAN PFEIKF
Executive Dibec
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