DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O01S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 07180-12
22 May 2013
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 21 May 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 in the Navy and began a period of active duty on
27 December 1982. The Board found that on 21 March 1984 and
5 December 1985, you received nonjudicial punishment (NJP) for
wrongfully selling military property, wrongful appropriation of
military property, and wrongful use of marijuana. As a result of
your second NUP, you received a forfeiture of pay, a reduction in
paygrade, restriction, and extra duty. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug abuse. Additionally, you were counseled
and warned after your first NUP, that further misconduct could
result in administrative discharge action. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your case was
forwarded recommending that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. On 5 January
1986, the separation authority concurred and directed an OTH
discharge by reason of misconduct due to drug abuse. You were so
discharged on 15 January 1986.
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 two NJP’s, one of which was for wrongful drug use, and
the fact that you warned of the consequences of further
misconduct after you first NUP. Finally, the Board 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 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,
\p\
W. DEAN PFE
Executive D
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