DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701-5, COURTHOUSE ROAD, SUITE 1001
- ARLINGTON, VA 22204-24906 :
TIR <«
Decket No: 3141-13
19 February 2014
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. , . . co
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 February 2014. The names and votes. of the
members of the panel will be furnished upon réquest. 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. Se Te te
You enlisted in the Navy and began a period of active duty on 5-
May 1980. During the period from 21 May 1980 to 10 November 1983
you received nonjudicial punishment (NJP) on. six occasions for .
two periods of unauthorized abgence ‘(UA) -totalling five days,
failuré to obey a lawful order, disrespect, and two
specifications of wrongful: possession and- use of marijuana.
Subsequently, you were processed for an administrative separation
by reason. of misconduct due to’ a pattern of misconduct and. drug-.
abuse, . After ‘consulting with legal counsel, -you waived your
- procedural right to present your case to-an administrative |
' discharge board: (ADB). On.23 November 1983. your commanding
officer recommended discharge under other than honorable.
conditions by reason of misconduct due to a pattern of misconduct
and drug abuse. On 9 December 1983 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of
misconduct, and on 12 December 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as ©
your post. service conduct and desire to upgrade your discharge.
It also considered your assertion of suffering with a bipolar
Gisorder. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
ix NJPs and included drug abuse. Further, you were given an -
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, there is no evidence in
the record, and you submitted none to support your assertion.
Accordingly, .your application has been denied.
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,
ROBERT D. ALMAN
Acting Executive Director. —
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