DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
TAL
Docket No: 8675-13
3G September 2014
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 September 2014. 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
22 December 1981 at age 20. on 9 February 1983, you were
convicted in civil court in Beaufort, North Carolina, of
wrongfully driving a vehicle across a median. You were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. The
sentence imposed was a fine and court costs totaling $56.00.
You received nonjudicial punishment (NJP) on two occasions for
two instances of wrongful use of marijuana and failure to obey a
lawful order by driving with a revoked license. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 26 May 1983, an ADB found that you had committed misconduct
and recommended that you be discharged under other than
honorable (OTH) conditions due to drug abuse. On 24 September
1983, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 3 October 1983 you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
. these factors were ngt sufficient to warrant recharacterization
‘of your discharge given the seriousness of your misconduct.
‘Accordingly, your application has been denied. Finally, there
is no provision of law or in Navy regulations that allows for
wecharacterization of service due solely to the passage of time.
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 within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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,
ROBERT J. O'NEILL
Executive Director
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