DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2867-05
24 October 2005
This is in reference to your application for correction of your sons’
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 19
October 2005. 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 late son’s 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.
Your son enlisted in the Navy on 27 October 1986 at age 27 after pre-
service drug abuse was waived. He then served without incident for
about 20 months. However, on 9 June 1988 he received nonjudicial
punishment (NJP) for use of cocaine based on a positive urinalysis.
Records show that an inquiry was conducted and your son’s urine
sample was retested and again tested positive. On 16 June 1988 your
son was warned that further misconduct could result in administrative
separation or disciplinary action. On 15 June 1988 he was advised
that he was identified as a drug abuser and was placed on the
command’s urinalysis program.
On 6 July 1988 a command urinalysis tested positive for cocaine. His
commanding officer then initiated administrative separation action by
reason of misconduct due to drug abuse. On 1 August 1988 he received
NJP for failing to go his appointed place of duty. On 6 September
1988 a drug dependency evaluation was conducted in which your son
denied use of cocaine, but stated that he had used marijuana several
times.
On 8 September 1988 an administrative discharge board (ADB) convened.
During the ADB, your son again denied use of cocaine but stated that he
used marijuana around the time of the second urinalysis that tested for use
of cocaine. The ADB subsequently found that your son had committed
misconduct due to drug abuse and recommended that he be separated from the
Naval service with an other than honorable discharge. The discharge
authority approved the recommendation of the ADB and he was so discharged
on 4 November 1988.
The Board, in its review of your son’s entire record and your application,
carefully weighed all potentially mitigating factors, such as your desire
for a better discharge for your son and his period of good service.
Nevertheless, the Board concluded that these factors were not sufficient to
warrant recharacterization of his discharge due to the seriousness of his
drug-related misconduct. The Board noted that your son was warned after his
first drug-related offense that further misconduct could result in
administrative separation or disciplinary action, but a command urinalysis
tested positive for use of cocaine less than one month after the warning.
Therefore, the Board concluded that the discharge was proper as issued and
no change is warranted.
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 son s 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,
N
2
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