DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10029-06
5 April 2007
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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 4 April 2007. 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.
On 6 November 1984 you enlisted in the Navy at age 18. Prior to
enlistment, you disclosed pre-service use of marijuana and
acknowledged the Navy's drug abuse policy, which prohibits the
use of illegal drugs. On 3 March 1985 although you refused to
consent to a urinalysis such a test was administered which tested
positive for marijuana. However, it appears that no disciplinary
action was taken at that time. Apparently, another urinalysis
was administered on 31 October 1985 which tested positive for
Marijuana. On 27 November 1985 you received nonjudicial
punishment (NJP) for use of marijuana.
On 18 December 1985 your commanding officer (CO) initiated
administrative separation action by reason of misconduct due to
commission of a serious offense and drug abuse. In connection
with this processing, you acknowledged that the separation could
result in an other than honorable discharge and waived the right
to have your case heard by an administrative discharge board
(ADB). On 23 December 1985 a drug abuse evaluation reported that
you had no potential for further service after you denied any
need for treatment. On 16 January 1986 the separation authority
approved the recommendation and directed an other than honorable
discharge by reason of misconduct due to drug abuse. On
24 January 1986 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, post-service accomplishments, and regret for your
past decisions. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct. Finally,
the Board noted that you waived the right to have your case heard
by an ADB, your best opportunity for retention or a more
favorable characterization of service. 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 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 “PFET
Executive Dir
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