DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7086-08
27 March 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 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 7 July 1985, you accepted an appointment as a commissioned
officer in the Navy Reserve after having completed the Navy Health
Professional Scholarship Program. You then served as a medical
officer without incident until 21 November 1987, when you
self-referred for alcohol and cocaine abuse. On 29 December 1987,
you had nonjudicial punishment (NJP) for failure to go to your
appointed place of duty and making a false official statement. On
11 January 1988, your commanding officer forwarded a report of NJP
and recommended administrative processing.
During the period 15 January to 26 February 1988, you participated in
residential substance abuse treatment during which time your
urinalysis tested positive for illegal substances on two occasions.
On 7 and 21 March 1988, you had two brief instances of unauthorized
absence (UA) and were given a urinalysis after each UA that tested
positive for illegal substances.
On 24 March 1988, you acknowledged that you were being considered
for administrative processing for cause and acknowledged that.
separation could result in an other than honorable (OTH) discharge,
waived the right to have your case heard by a board of inquiry (BOI),
and submitted your resignation for the good of the service. oOn
25 March 1988, you had NJP for two brief instances of UA, absence
from your appointed place of duty, use of marijuana, and two
instances of use of cocaine. On 29 March 1988, your commanding
officer forwarded a report of NUP, included your resignation request,
recommended approval, and stated that you were going to participate
in a civilian program for impaired physicians. On 30 May 1988, the
Secretary of the Navy approved your resignation request and directed
an OTH characterization of service by reason of misconduct due to
drug abuse. On 17 June 1988, you so resigned.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your self-
referral and personal efforts to overcome your addiction. The Board
also considers your post service achievement, current diagnosis of
having Bipolar Disorder, and the letters of reference that you
provided regarding your present conduct and character. Nevertheless,
the Board concluded that these factors were not sufficient to warrant
recharacterization of your service due to the seriousness of your
misconduct. The Board also noted that you waived the right to have
your case heard by a BOI, which was your best opportunity for
retention or a more favorable characterization of service.
Therefore, the Board concluded that the characterization of service
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,
Wy
W. DEAN
Executive
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