DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7295-09
10 June 2010
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 8 June 2010. The names and votes of the
members of the panel will be furnished upon request. 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 26 May 1992 at age 18. You served
without disciplinary incident until 19 February 1993, when you
- received nonjudicial punishment (NJP) for wrongful use of
Marijuana. The punishment imposed was restriction for 60 days,
reduction to paygrade E-1, and a $407 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 18 May 1993,
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 desire to upgrade your discharge. It also
considered your assertion that you believe that your preexisting
bipolar disorder was a key factor in your behavior which resulted
in misconduct. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct which resulted in an NUP. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an administrative discharge board,
Finally, there is no evidence in the record, and you submitted
none, to support your assertion. Accordingly, your application
has been denied.
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,
LO Dean
W. DEAN PFE
Executive D xX
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