DEPARTMENT OF THE NAVY
BOAR YR CORRECTION OF NAVAL RECORD
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 497-13
24 October 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 16 October 2013. The names and votes of the
members of the panel will be furnished upon reguest. 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 24
September 1980. You served for about two years and two months
without disciplinary incident, but Guring the period the period
from 16 November 1982 to 9 April 1983 you received nonjudicial
punishment (NUP) on three occasions for four periods of
unauthorized absence (UA) totalling 17 days and missing the
movement of your ship.
On 22 May 1984 you were convicted by summary court-martial (SCM)
of wrongful use of marijuana and a 56 day period of UA.
Subsequently, you were processed for an administrative separation
by reason of misconduct ‘due to frequent involvement of a
discreditable nature with military authorities and drug abuse.
After waiving your procedural right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB), your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities
and drug abuse. The discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct, and on 23 July 1984 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge so that you may obtain
veterans’ benefits and assertion that your discharge should be
upgraded since you served your restriction period for your
offense. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural right to present your case to an ADB.
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,
\D Stunde
W. DEAN PFE
Executive Director
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