DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8759-07
27 October 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 21 October 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 six years of
prior honorable service. You continued to serve without
disciplinary incident until 12 March 1987, when you received
nonjudicial punishment (NJP) for wrongful use of marijuana. The
punishment imposed was restriction and extra duty for 30 days,
reduction to paygrade E-4, and a $1,019.40 forfeiture of pay.
Shortly thereafter, on 17 March 1987, 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). However, you submitted a written
explanation regarding your drug use and requested clemency since
it was your first and only violation. Nonetheless, on 13 May
1987, your commanding officer recommended an other than honorable
discharge by reason of misconduct due to drug abuse. This
recommendation also stated that you could no longer be trusted
and that as a leader and example to your shipmates, your
potential was virtually nonexistent. On 16 May 1987 the
discharge authority approved this recommendation and directed
discharge under other than honorable conditions, and on 28 May
1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as the
passage of time, your prior honorable service, post service
conduct, and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Finally, no discharge is
ungraded due solely to the passage of time. 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,
W. DEAN PF
Executive D tar
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