DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7218-06
22 January 2008
Dear ee.
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
sitting in executive session, considered Your
applicati< on 15 January °008. Your allegations of error and
injustice were reviewed an 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.
Records,
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 8 February 1993 at age 21. On 12
January 1994 you received nonjudicial punishment (NJP) for
driving while intoxicated. A service record entry dated 2 March
1995 states that you were caught by an agent of the Naval
Criminal Investigative Service purchasing one hit of Lysergic
Acid Diethylamide (LSD) in an undercover operation. It further
states that after being advised of your rights you admitted to
purchasing one hit of LSD. On 14 April 1995 you received NUJP for
wrongful possession of a controlled substance (the LSD).
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to drug
abuse. In connection with this processing, you elected to waive
the right to have your case heard by an administrative discharge
board (ADB). After review, the discharge authority directed
discharge under other than honorable conditions and you were so
discharged on 26 May 1995.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your desire for benefits
and further service and your contention that you were not given
an opportunity to prove your innocence. The Board found that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your documented
purchase of LSD. The Board noted that you elected to waive the
right to have your case heard by an ADB which was your last and
best opportunity to make a case for retention in the Navy. 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 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.
slincerely,
ee PFEIF
Executive Dir oO
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