DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 396-08
21 August 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 20 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.
On 7 February 1985, you enlisted in the Navy at age 24. On
1 September 1988, you had nonjudicial punishment (NJP) for a
brief instance of unauthorized absence. On 9 September 1988,
you were counseled regarding deficiencies in your performance
and conduct and warned that further infractions could result in
disciplinary action or an other than honorable (OTH) discharge.
On 29 September 1988, suspended punishment was vacated from the
NJP. On 1 October 1988, you received a medical evaluation
during which you admitted using cocaine and your urinalysis
tested positive for cocaine and marijuana. The evaluation
concluded by diagnosing you with chronic polysubstance abuse.
On 1 October 1988, you were convicted by a summary court-
martial of use of a controlled substance.
On 3 October 1988, your commanding officer initiated
administrative separation by reason of misconduct due to drug
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 13 October 1988, a medical evaluation found
that you were psychologically dependent on drugs. On
14 October 1988, you waived the right to receive inpatient
substance abuse treatment. On 5 December 1988, the separation
authority approved the discharge recommendation and directed an
OTH discharge by reason of misconduct due to drug abuse. On
17 December 1988, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and length of time since you were discharged. 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,
Fo.,W. DEAN EIFFER
Executive Director
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