DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3889-08
27 August 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 19 August 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.
You enlisted in the Navy on 5 March 1986 for four years. On 24
October 1988 you received nonjudicial punishment for use of a
controlled substance. Based on this offense you were processed
for an administrative discharge. In connection with this
processing you elected to waive the right to have your case heard
by an administrative discharge board. After review the
separation authority directed discharge under other than
honorable conditions and you were so discharged on 20 January
1989.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your period of good
service and your contention that you were never offered drug
counseling or rehabilitation. The Board found that these factors
and contention were not sufficient to warrant recharacterization
of your discharge given your use of drugs. Regulations in effect
at the time of your discharge and in effect now require discharge
processing of service members found to have used drugs. Further,
the record shows that you were evaluated prior to discharge and
found not to be drug dependent. 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,
Ldpeo So
W. DEAN PFERF
Executive Dinettor
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