DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4916-08
20 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
19 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.
On 11 March 1982, you enlisted in the Navy at age 21 after a prior
period of honorable service in the Army. The record shows that your
accession urinalysis tested positive for marijuana, but it appears
that no disciplinary action was taken. On 30 March 1983, you had
nonjudicial punishment (NJP) for possession of Marijuana,
introduction of marijuana on board a naval vessel with the intent to
use, and possession of drug paraphernalia.
On 5 April 1983, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse. In connection
with this processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and elected to have
your case heard by an administrative discharge board (ADB). On
11 April 1983, a substance abuse message reported that your
urinalysis conducted on 29 March 1983, tested positive for marijuana.
On 15 April 1983, an ADB convened and found that you were guilty of
misconduct due to drug abuse and recommended an OTH discharge. On
5 May 1983, you had NUP for a brief instance of unauthorized absence.
On 11 July 1983, a drug dependency status message reported that you
were not dependent on drugs or alcohol. On 27 July 1983, the
separation authority approved the recommendation and directed an
OTH discharge by reason of misconduct due to drug abuse. On
28 July 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct.
Therefore, 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.
The Board noted that as a result of your prior honorable service, you
may be eligible for veterans' benefits. You should contact the
nearest office of the Department of Veterans Affairs if you desire
clarification about your eligibility for those benefits.
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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