DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 09139-07
21 April 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 15 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
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 11 January 1994 at age 18. Your
first disciplinary action was a non-judicial punishment (NUP) on
1 May 1997 for using disrespectful language to a superior and
dereliction of duty. A little over three months later you
received a second NJP for using marijuana. Subsequently a
medical officer found that you were dependent on marijuana and
recommended that you be separated. When you were notified that
the Navy intended to recommend for discharge under other than
honorable conditions (OTH) you waived your right to appear
before an administrative discharge board where you could request
retention or a better discharge. As a result you received an
OTH discharge on 13 November 1997.
In view of the serious nature of your last offense, namely drug
abuse, as well as your prior offense and waiver to a hearing
before an ADB the Board concluded that you were properly issued
an OTH discharge and there is no basis in law or equity to
change it now.
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,
Wun
W. DEAN PFE
Executive Di
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