DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10289-07
21 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 28 January 1987.
On 4 March 1988 you received nonjudicial punishment for wrongful
use of cocaine. The punishment consisted of the forfeiture of
$183 pay, and reduction in rank. On 2 November 1989 you were
honorably discharged by reason of physical disability with
severance pay.
The Board carefully evaluated all potentially mitigating factors
in your case, such as your overall service and good post service
conduct, as well as your unsubstantiated contention to the effect
that you were under duress when you admitted using cocaine, but
found those matters insufficient to warrant granting your
request. The Board concluded that your use of cocaine is
adequately and properly documented in your service and health
records, and there is no basis for the removal of such
documentation from those records. It noted that you did not
rebut any of the adverse entries concerning your drug abuse or
contest the revocation of your security clearance because of that
abuse, despite being given the several opportunities to do so
while you were on active duty. In addition, a health record
entry dated 18 October 1988, which was prepared by a flight
surgeon, indicates that you admitted that you had used cocaine on
one occasion during your enlistment.
In view of the foregoing, 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,
lo Pech!
W. DEAN FFARR
Pacem ine D Gc
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