DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 2421-06
20 September 2006

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 19 September 2006. 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 19 May 1980 at age 19. Shortly thereafter, on 11 July 1980, you received nonjudicial punishment (NJP) for fraternization and were awarded a $100 forfeiture of pay. About seven months later, on 12 February 1981, you received NJP for wrongful possession of illegal narcotic drugs. The punishment imposed was a $500 forfeiture of pay and a reduction to paygrade E-1, which was suspended for six months.

Your record contains a drug and alcohol report dated 8 November 1982 which states that your urine sample tested positive for marijuana. As a result, on 12 January 1983, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). on 18 January 1983 an ADB recommended separation with an other than honorable discharge by reason of misconduct.

On 2 February 1983 you received your third NJP for issuing a worthless check and were awarded restriction for 21 days and an oral admonition. On 18 February 1983 your commanding officer also recommended an other than honorable discharge by reason of misconduct due drug abuse. However, on 7 March 1983, the discharge authority approved separation, but directed a general discharge by reason of misconduct, and on 16 March 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 youth, post service conduct, and the passage of time. It also considered your request to upgrade your discharge so that you may seek any/all employment opportunities. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your frequent misconduct which resulted in three NJPs and included drug abuse. The Board noted that you were fortunate to receive a general discharge since most Sailors separated by reason of misconduct due to drug abuse are discharged under other than honorable conditions. 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 injustice.

Sincerely,

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