DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAYAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 8321-13
4 September 2014
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 3 September 2014. 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
18 November 1981. The Board found that during the period from
20 January 1982 to 2 February 1983, you received three
nonjudicial punishments (NJP’s) for larceny, wrongful possession
‘of hashish, wrongful use of marijuana, and wrongful use of
marijuana onboard a Navy vessel. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
minor military infractions. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
stating, in part, that you were a marginal performer who refused
to conform to Navy rules and regulations. You received a general
discharge due to misconduct on 4 March 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your three NJP’s, two
of which involved the wrongful possession and use of drugs. The
-Board noted that you waived the right to an ADB, your best chance
for retention. Finally, the Board also noted that you were
fortunate to receive a general discharge since a discharge under
ether than honorable conditions is often directed when an
individual is discharged for misconduct. 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 reqularity 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 J. O'NEILG
Executive Director
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