DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
    2 NAVY ANNEX	
                        	WASHINGTON DC 203705100	
		                        
                                                           SJN
                                                           Docket No: 08000-06

                                                           2 March 2007

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 28 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 enlisted in the Navy on 23 June 1982 at age 18. On 10 March 1983 you received nonjudicial punishment (NJP) for wrongful possession and use of a controlled substance. On 4 April 1983 you were convicted by summary court-martial (SCM) of absence from your appointed place of duty on seven occasions and two instances of breaking restriction.

On 8 April 1983 a substance abuse report stated that you used marijuana 4-7 times a week from January 1982 to March 1983, and due to the NJP and SCM, had no potential for further service.

Administrative discharge action was initiated by reason of misconduct due to drug abuse. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative board. On 26 April 1983, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct due to drug abuse. He stated, in part, that you had abused drugs both prior to and during your enlistment and the numerous disciplinary infractions in a relatively short period of time, had a detrimental effect on the command. On 2 May 1983 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 10 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 youth and overall record of service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your SCM conviction and NJP for drug use. 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,

2