DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2831-07
23 January 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 January 2008. 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 22 October 1987 at age 19. About
seven months later, on 12 May 1988, you received nonjudicial
punishment (NJP) for wrongful use of cocaine. The punishment
imposed was restriction and extra duty for 45 days and a $670
forfeiture of pay, a portion of which was suspended for six
months.
On 16 May 1988 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 8 June 1988 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to drug abuse.
On 23 June 1988 the discharge authority directed discharge under
other than honorable conditions by reason of drug abuse, and on
30 June 1988 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 and assertion that your drug abuse was the result of
unwanted homosexual advances. It also considered your assertion
that you were told that your discharge would be automatically
upgraded six months after your separation. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Further, there is no evidence
in the record, and you submitted none, to support either of your
assertions. Be advised that no discharge is upgraded due solely
to the passage of time. Finally, you were given an opportunity
to defend yourself, but waived your procedural right to present
your case to an ADB. 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,
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