DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00256-08
22 August 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 21 August 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 on 4 September 1984 and served without
disciplinary incident until September 1985, when, during a random
command urinalysis, you tested positive for illegal use of
marijuana.
On 5 November 1985, you were pending a special court-martial for
your drug usage from the September 1985 command urinalysis,
however, on 14 November 1985, you requested, through counsel, a
discharge in lieu of a trial by court-martial with an other than
honorable (OTH) discharge with an RE-3B reenlistment code.
On 2 December 1985, the separation authority approved these
recommendations and directed an OTH, and on 6 December 1985, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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 client’s case are
such that favorable action cannot be taken. Your client is
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,
\Sspea Se
W. DEAN PF F
Executive D char
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