DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1730-08
9 October 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 8 October 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 26 June 1989, you enlisted in the Navy at age 17 with
parental consent. On 12 April 1990, you had nonjudicial
punishment (NJP) for four instances of absence from your
appointed place of duty and dereliction in the performance of
your duties. You were also 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 15 April 1990, you began an
unauthorized absence (UA) that ended on 9 May 1990, a period of
about 24 days. On 5 June 1990, you received a substance abuse
evaluation due to your urinalysis testing positive for
marijuana. The evaluation found that you abused drugs, but
were not dependent. On 15 August 1990, you were convicted by a
summary court-martial of the 24 day period of UA and use of
marijuana.
On 2 October 1990, 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 12 October 1990, the separation authority
approved the discharge recommendation and directed an OTH
discharge by reason of misconduct due to drug abuse. On
19 October 1990, 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 desire for a better discharge. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct that continued even after you were warned that
further infractions could result in administrative separation.
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,
Wee QU
W. DEAN PFEI
Executive Dinectlor
Copy to:
The Honorab] c @gaaiaaainainaamamine
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