DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TAL
Docket No: 287-13
24 October 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 17 October 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
14 August 1981 at age 19. You received nonjudicial punishment
(NTP) on four occasions for four instances of failure to go to
your appointed place of duty, two instances of resisting arrest,
failure to pay a just debt to a cab driver, two instances of
disorderly conduct, four instances of failure to obey a lawful
order, wrongful possession of drug paraphernalia (rolling
papers) and wrongful possession of Marijuana. After your first
NJP, you were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
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 28 June 1983, an ADB unanimously found that you had committed
misconduct and recommended that you be discharged under OTH
conditions due to drug abuse. On 27 August 1983, you again
received NUP for wrongful use of marijuana. On
6 September 1983, the separation authority directed an OTH
discharge by reason of misconduct due to drug abuse. On
27 September 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 not sufficient to warrant recharacterization
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in five NUPs. Finally, there is
no provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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.
Conseguently, 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,
ree
Executive Ditector
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