DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUON
Docket No: 03635-08
23 March 2009
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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 17 March 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 Navy and began a period of active duty on
12 December 1985 at age 22. On 19 December 1985 and 7 May 1986,
you received nonjudicial punishment (NUP) for a brief period of
unauthorized absence, possession of drugs, and wrongful use of
Marijuana.
On 15 May 1986, 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 17 June 1986, an ADB unanimously found that you had committed
misconduct due to drug abuse, and recommended discharge under
other than honorable conditions. On 20 June 1986, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review. On 23 August 1986 the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 2 September 1986 you were so
discharged.
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 misconduct that resulted in two
NUJP’s for drug abuse. 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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