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

TJR
Docket No: 5711-06
15 February 2007

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 13 February 2007. 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 reenlisted in the Navy on 22 June 1981 after eight years of prior honorable service. You continued to serve without disciplinary incident until 11 August 1983, when you were convicted by civil court of driving under the influence and sentenced to a $250 fine, confinement for 30 days, and a six month suspension of your license. The fine and confinement were suspended. A year later, on 7 September 1984, you were again convicted by civil court of driving under the influence. You were convicted by civil court of driving under the influence and sentenced to a $450 fine, confinement for 180 days, and a 36 month suspension of your license. The fine and confinement were subsequently suspended.

On 12 April and again on 7 June 1985 you received nonjudicial punishment (NJP) for being incapacitated for duty and two specifications of wrongful use of marijuana and hashish.

On 6 November 1985 you were notified of pending administrative separation 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 11 December 1985 an ADB recommended a general discharge by reason of misconduct due to drug abuse. On 14 February 1986 your commanding officer also recommended a general discharge by reason of misconduct due to a pattern of misconduct, civil convictions, and drug abuse. On 15 March 1986 the discharge authority approved these recommendations and directed a general discharge by reason of misconduct and on 21 May 1986 you were so discharged.

The Board, in its review of your record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that even though you made a mistake, you faithfully served your country. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct in both the military and civilian communities, and included drug abuse. Further, a Sailor separated by reason of misconduct would normally receive a discharge under other than honorable conditions. The Board therefore concluded you were fortunate to receive a general discharge. 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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