DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 02678-08
17 April 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 15 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
Your record shows that on 30 May 1989 during a pre-enlistment
physical you admitted to using marijuana on five occasions.
After the Navy’s zero tolerance drug policy was fully explained
to you, you assured Navy officials that you would not engage in
such behavior in the future. Based on your assurances you were
allowed to enlist in the Navy on 5 July 1989 for a term of four
years. Unfortunately you only served a little over two years
and seven months and were discharged because of frequent acts of
misconduct and drug abuse. Specifically between October 1980
and becember you received tonjudicial punishment on five
occasions. Your offenses were assault, underage drinking,
destruction of property, soliciting another to make a false
official statement, two periods of unauthorized absence totaling
two days, absence from appointed place of duty, wrongfully
bringing marijuana aboard a Navy vessel and wrongfully using
cocaine and marijuana. When you were informed that you were
being recommended for an other than honorable discharge (OTH)
you waived your right to a hearing where with the assistance of
a military lawyer you could have requested retention or a better
discharge. Consequently you received an OTH on 10 February
1992.
In its review of your application the Board concluded that in
view of your extensive disciplinary record which occurred over a
relatively short period of time and included several serious
drug offenses your discharge was proper as issued and should not
be changed now as a matter of clemency.
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,
Daas #
Executive Di
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