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

TJR
									    Docket No: 9094-06
									    5 September 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 5 September 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, regulatjo~5, 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 12 September 1980 at the age of 19 and served without disciplinary incident until 21 May 1981, when you received nonjudicial punishment (NJP) for two specifications of wrongful possession of drug paraphernalia. About seven months later, on 16 December 1981, you received NJP for wrongful possession of marijuana and wrongful possession of drug paraphernalia

On 8 July and again on 4 August 1982 you received NJP for wrongful possession of hashish, wrongful possession of drug paraphernalia disobedience, and failure to go to your appointed place of duty.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. On 7 September 1982 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. On 27 September 1982 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 19 October 1982 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, the passage of time, and your assertion that you did not receive adequate counselling regarding drug abuse. it also considered your assertion that your drug use was the result of being depressed. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related misconduct. The Board noted that there is no evidence in the record, and you submitted none, to support your assertions. 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,