DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00719-08
21 January 2009
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 6 January 2009. 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 reenlisted in the Navy on 1 February 1983 after eight years
of honorable service. You served without incident for over four
years until 15 July 1987, when you received nonjudicial
punishment (NJP) for possession of marijuana. You received
restriction, a reduction in paygrade, and a forfeiture of pay.
On 16 July 1987, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse determined
by a unit sweep urinalysis. You waived your right to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Further, you were referred
to a Counseling and Assistance Center (CAAC) Level II program.
However, on 18 August 1987, the CAAC determined that you were
alcohol dependent, a drug abuser, and were in denial of your
problems. At that time it was recommended that you received
Level III treatment through the Veterans Administration upon
separation.
On 1 September 1987, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
15 September 1987, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 29 September 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and overall record of your last period
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in NUP for drug use.
Further, the Board noted that you waived the right to an ADB,
your best opportunity for retention or a better characterization
of service. 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,
\ ose
W. DEAN PF
Executive ector
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