DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100

RDZ : ecb
Docket No. 02857-08
13 May 2008

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 13 May 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 26 May 1992 at age 19. At that time the Navy’s zero tolerance drug policy was fully explained to you. Unfortunately on 26 October 1993 you received nonjudicial punishment for wrongful use of marijuana. When you were informed that you were being recommended for separation from the Navy with an other than honorable (0TH) discharge you chose not to consult with a military lawyer and waived your right to appear before an administrative discharge board. Consequently you received an 0TH discharge on 23 November 1993.

In its review of your application considered all potentially extenuating and mitigating matter such as your youth and remorse for having used marijuana. Nevertheless the Board concluded that in view of the seriousness of your misconduct, namely drug abuse, your 0TH discharge was properly issued and should not be changed now.

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,

ROBERT D. ZSALMAN
Acting Executive Director