DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 420-08
28 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 27 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 17 September 1986, you enlisted in the Naval Reserve at age
18 and began a period of active service on 6 October 1986.
On 8 February 1988, you had nonjudicial punishment (NJP) for
failure to obey a lawful order by possessing marijuana. On
12 July 1988, your urinalysis tested positive for marijuana.
On 2 August 1988, you had NUP for use of a controlled
substance. On 9 August 1988, you received a substance abuse
evaluation during which you admitted using marijuana about once
every other month. A subsequent evaluation found no evidence
of physical drug addiction.
On 10 August 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 other than honorable (OTH)
discharge and waived the right to have your case heard by an
administrative discharge board (ADB). On 17 September 1988,
the separation authority approved the discharge recommendation
and directed an OTH discharge by reason of misconduct due to
drug abuse. On 23 September 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 contention that there is no evidence of drug abuse.
Nevertheless, the Board concluded that these factors and
contention were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your drug related
misconduct that is found in your naval record. 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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