DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 7280-13
18 August 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 August 2014. The names and votes of the
members of the panel will be furnished upon request. 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 on 30 November 1978, and began a period
of active duty on 29 August 1979. You served for about two years
without disciplinary incident, but during the period from 10
September 1981 to 17 March 1983, you received nonjudicial
punishment (NJP} on three occasions for failure to obey a lawful
order, wrongful possession of alcoholic beverages in the barrack,
leaving your post without proper relief, Grinking on duty, and
three specifications of wrongful possession of marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct @ue
drug abuse. The discharge authority approved this recommendation
and directed separation under other than honorable conditions by
reason of misconduct due to drug abuse, and on 26 May 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 desire to upgrade your other than honorable discharge and
assertion that you were to have received a general
characterization of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the seriousness of your repetitive misconduct, which
gincluded drug abuse and resulted in three NJPs and discharge.
“Further, you were given an opportunity to defend your actions,
ut waived your procedural rights. Finally, there is no evidence
gin the record, and you provided 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,
Rye QD |
ROBERT D. ALMAN
Acting Executive Director
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