DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 787-13
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
15 July 1982 at age 22. On 9 August 1984, you received
nonjudicial punishment (NUP) for wrongful use of marijuana.
While on a six month urinalysis aftercare program, you continued
to test positive for wrongful marijuana use. On 3 December
1984, you were terminated from the drug rehabilitation program
for due to lack of motivation for treatment. You were notified
of pending administrative discharge processing with an other
than honorable (OTH) discharge due to misconduct (drug abuse).
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 11 February
1985, you were convicted in civil court of possession of drug
paraphernalia and fined $500. On 11 April 1985, you received
the OTH discharge for misconduct (drug abuse) .
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 of your misconduct and
failure to complete your command’s drug rehabilitation program.
The Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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.
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 injusiice:.
Sincerely,
Wy Qaaan’ :
W. DEAN PFE
Executive Di a
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