DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00208-07
24 July 2007
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 18 July 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.
You enlisted in the Navy on 17 July 1989 at age 18. You served
without incident for almost three years until 4 June 1992, when
you received nonjudicial punishment (NJP) for wrongful possession
and use of cocaine. You received restriction, extra duties, a
forfeiture of pay and a reduction in paygrade.
Administrative discharge action was initiated by reason of
misconduct due to drug abuse. You did not object to the
separation and on 5 June 1992 your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct due to drug abuse.
On 11 June 1992 the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 17 June 1992 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, overall period of service, and the character letters
accompanying your application. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your drug usage. 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,
esr
W. DEAN P
Executive D
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