DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 04487-08
25 February 2009
naa
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered on active duty in the Navy on 26 May 1983 at age 18.
Your record shows that on the following day you received a full
and complete briefing on the Navy’s zero tolerance drug policy.
Unfortunately you failed to heed the Navy’s explicit warning
that drug usage would not be tolerated. Specifically, you
received nonjudicial punishment on 16 May 1985 for possession of
marijuana. Less than seven months later you received another
NJP for possession of marijuana and drug paraphernalia. Based
on these two incidents you were informed that you were being
recommended for administrative separation with an other than
honorable discharge (OTH) due to drug abuse. You then waived
you right to a hearing where with the assistance of a military
lawyer you could have argued for retention or a better discharge
than an OTH. Consequently you received an OTH 27 December 1985.
In view of the seriousness of your misconduct which occurred on
two separate occasions and after being formally warned several
times of the Navy’s drug policy, the Board concluded that 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,
W. DEAN
Executive D or
Enclosure
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