DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03232-08
27 February 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 24 February 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 enlisted in the Naval Reserve and began a period of active
duty on 9 February 1987 at age 27. You served without incident
for over five years until 28 May 1992, when you received
nonjudicial punishment (NUJP) for wrongful use of marijuana.
On 5 June 1992, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
elected to consult with legal counsel and subsequently requested
an administrative discharge board (ADB).
On 8 July 1992, an ADB unanimously found that you had committed
misconduct due to drug abuse, and recommended discharge under
other than honorable (OTH) conditions. However, due to an
administrative error, it was directed that a new ADB be convened.
On 17 December 1992, an ADB found that you had committed
misconduct. due to drug abuse, but recommended that your OTH
discharge be suspended for a period of 12 months.
On 23 December 1992, your commanding officer (CO) concurred with
the ADB findings, but did not concur with the recommendation of a
suspended OTH discharge and recommended that you be separated
with an OTH discharge. On 21 January 1993, the separation
authority directed an OTH discharge by reason of misconduct due
to drug abuse. You were so discharged on
3 February 1993.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your NUP for drug use. 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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