DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 6500-05
14 September 2005
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 12
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 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 22 February 1982 at age 21. The record
shows that you were driving under the influence of alcohol and were
injured in an automobile accident. Subsequently, you were placed in
an alcohol rehabilitation program. On 16 November 1984 you received
nonjudicial punishment for an absence from your appointed place of
duty and disobedience. About 13 months later, you were convicted by a
special court-martial of possession of drug paraphernalia and
distribution of methamphetamines. The sentence of the court included
forfeitures of pay, a reduction to pay grade E-1 and four months
confinement at hard labor, but did not include a bad conduct
discharge. A subsequent special court-martial order noted that you
had admitted your guilt of the offenses.
Since distribution of drugs is a serious offense, you were processed
for an administrative discharge. In connection with this processing,
you elected to waive the right to have your case heard by an
administrative discharge board. Since you were being processed for
discharge based on the same offenses for which you were convicted by
court-martial, regulations required that the Assistant Secretary of
the Navy (Manpower and Reserve Affairs)
(ASNM&RA) approve the recommendation for discharge under other than
honorable conditions. On 18 April 1986, ASN approved the recommendation of
the Chief of Naval Personnel that you should be issued an other than
honorable discharge. You were so discharged on 30 April 1986. The narrative
reason for discharge is “misconduct - drug abuse (trafficking)”.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you never
trafficked in drugs while you were in the Navy and the reason for discharge
is inaccurate. The Board found that these factors were not sufficient to
warrant recharacterization of your discharge given your conviction by
special court-martial of possession of drug paraphernalia and distribution
of methamphetamines, which certainly indicates that you were trafficking in
drugs. The Board concluded that your 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 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
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