DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10132-07
9 July 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 2 July 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.
On 26 July 1989, you enlisted in the Navy at age 18. On
29 May 1990, you were counseled regarding your civil conviction
of driving under the influence of alcohol and warned that
further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. During the period
29 May to 29 August. 1990, you received substance abuse
treatment. On 13 March 1991, you had nonjudicial punishment
for use of marijuana.
On 1 April 1991, your commanding officer initiated
administrative separation by reason of misconduct due to arug
abuse. In connection with this processing, you acknowledged
that separation could result in an OTH discharge and waived the
right to have your case heard by an administrative discharge
board (ADB). On 26 April 1991, the separation authority
approved the discharge recommendation and directed an
The Board, in its review of your entire record and application
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. The Board also noted
that you waived the right to have your case heard by an ADB,
your best opportunity for retention or a more favorable
characterization of service. Therefore, 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,
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