DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 06246-07
1 May 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of 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 April 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
the Board found the evidence submitted was insufficient
record,
error or
to establish the existence of probable material
injustice.
You enlisted in the Navy on 25 May 1988 at age 20. On
9 February 1989, you received nonjudicial punishment (NUP) for
wrongful use of marijuana.
On 23 February 1989, you were notified of pending administrative
separation action for misconduct due to drug abuse. You elected
to consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 27 March 1989, an ADB
found that you did commit misconduct due to drug abuse, but
recommended that you be retained on active. duty. However, on
12 April 1989, your commanding officer torwarded your case to the
separating authority recommending that you be separated for
misconduct due to drug abuse with a general discharge. On
23 May 1989, the discharge authority directed a general discharge
by reason of misconduct due to drug abuse. On 24 May 1989 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 record of service, and the stated reason why
you used marijuana. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge given your NJP for drug abuse. The Board also noted
that you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when an individual is discharged for misconduct. 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,
BERT ZSALMAN
acting Executive Director
N
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