DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04075-07
6 February 2008
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 29 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 reenlisted in the Navy on 9 March 1984 after four years of
honorable service. On 19 December 1984, you received nonjudicial
punishment (NUP) for wrongful use of marijuana. On 6 December
1985, the Counseling and Assistance Center (CAAC) found you to
have been psychologically dependent on alcohol. At that time you
were recommended for Level III rehabilitation for alcohol
dependency, which included attending Alcoholic Anonymous meetings
and daily antabuse. On 23 April 1986, you received a second NJP
for wrongful use of marijuana.
On 15 May 1986, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct due to drug
abuse. On 30 May 1986 the discharge authority directed an other
than honorable discharge due to drug abuse. On 12 June 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, period of prior honorable service, last period of
overall service, and post-service medical condition.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your two NJP’s for drug use, and failure to refrain
from drug use after being placed in an alcohol rehabilitation
program. Further, you waived the right to an ADB, your best
chance for retention or a better characterization of service.
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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