DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09682-07
17 November 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 13 November 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 enlisted in the Navy and began a period of active duty on
17 November 1986 at age 25. On 10 February 1988 you received
nonjudicial punishment (NJP) for wrongful use of marijuana. You
received restriction, extra duty, a forfeiture of pay, anda
reduction in paygrade.
On 28 March 1988, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB). Subsequently, on
20 May 1988 an ADB unanimously found that you had committed
misconduct due to a pattern of misconduct, and recommended
discharge under other than honorable conditions. Your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 14 July 1988, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to drug abuse. You were so discharged on 29 July
1988.
a
oN
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in NgpP
for drug use. 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,
\s
W. DEAN PFEI
Executive Di
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