DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX SUN |
WASHINGTON DC 20370-5100" Docket No: 5026-06
24 November 2006
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 21 November 2006. 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 17 October 1984 at age 20. You then
served without incident for over two years until 7 January 1987,
when you received nonjudicial punishment (NUJP) for two instances
of wrongful use of marijuana and use of cocaine. You received a
reduction in paygrade, a forfeiture of pay, restriction and extra
duties.
On 11 February 1987, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You then waived your rights to consult counsel, submit a
statement or have your case heard by an adniinistrative discharge
board (ADB).
On 18 February 1987, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
10 March 1987 the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 18 March 1987 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, time in service, and the character reference letters
accompanying your application. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your multiple instances of drug use.
Further, you waived the right to an ADB, your. best chance for
retention or a better characterization of service. 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, \
W. DEAN PFE RS R
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