DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3673-07
ll February 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 7 February 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 30 December 1981 at age 17. You
served without disciplinary incident until 28 July 1983, when you
received nonjudicial punishment (NJP) for wrongful use of
marijuana. The punishment imposed was extra duty for 15 days, a
reduction in paygrade, and a $642 forfeiture of pay. Shortly
thereafter, on 7 July 1983, you received NJP for two
specifications of wrongful use of marijuana. The punishment
imposed was extra duty for 15 days, a reduction in paygrade, and
a $572 forfeiture of pay.
Your record contains a drug and alcohol report dated 30 August
1983 which states, in part, that as a result of a random
urinalysis and a unit sweep, your urine samples tested positive
for marijuana.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. The discharge
authority directed separation under other than honorable
conditions by reason of misconduct and on 29 September 1983 you
were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of honorable service, and your assertion that
you never used illegal drugs. It also considered your supporting
documentation regarding urinalysis testing. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
reenlistment code or narrative reason for separation because of
the seriousness of your drug related misconduct. Finally, there
is documented evidence in the record that is contrary to your
assertion. 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,
Executive D or
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