DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 08341-07
6 June 2008
.
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 cf 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 3 June 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 8 October 1998 at age 19 and
reported for 48 months of active duty on 15 December 1998 at
which time you acknowledged the Navy’s zero tolerance drug
policy. Unfortunately on 10 February 2000 you received
nonjudicial punishment (NUP) for wrongful use of marijuana. As
a result you were informed that you would be processed for
discharge with an other honorable (OTH) discharge. At that time
you waived your right to appear before an administrative
discharge board and be represented by a military lawyer where
you could have argued to be retained or in the alternative
receive a better discharge. In your commanding officer’s letter
discharge authority he pointed out that you admitted to using
drugs before entering the Navy and that because of your
admission the Air Force had refused to enlist you. However the
Navy granted you a drug waiver based on your claims that you had
matured and renounced drug usage. On 6 March 2000 the discharge
authority directed that you receive an OTH discharge and you
were so separated on 9 March 2000.
In its review of your application the Board considered all
potential matters in extenuation and mitigation such as your
youth and the fact that you had only one offense in over 14
months of active duty. Nevertheless the Board concluded that
these matters could not overcome seriousness of your offense
which occurred after you were granted a drug waiver and clearly
informed of the Navy’s zero tolerance drug policy.
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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