DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 9487-07
26 June 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 17 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 28 May 1984 at age 21. During the
period from 2 May 1985 to 18 September 1985, you received
nonjudicial punishment on five occasions. Your offenses were two
instances of drug abuse and three instances of failure to go to
your appointed place of duty. Following the first incident of
drug abuse you were processed for an administrative discharge.
As indicated you then received a another NUP for use of drugs.
Subsequently an administrative discharge board found that you had
committed misconduct due to drug abuse and recommended discharge
under other than honorable conditions. After review, the
discharge authority directed discharge under other than honorable
. conditions and you were so discharged on 11 December 1985.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the fact
that you have had an adverse discharge for more than 22 years.
You contend that you have been a good citizen for many years and
were told that your discharge would be automatically upgraded
after six months. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your record of misconduct and especially
your two instances of drug abuse. It is clear that you were on
notice that drug abuse would not be tolerated but used drugs
anyway. Further, there is no provision in the law or regulations
which require the recharacterization of a discharge based solely
on the passage of a period of time. Since you have been treated
no differently than other drug abusers, the Board concluded that
the discharge was proper as issued and no change is warranted.
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,
ras edl
W. DEAN P
Executive D
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