DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7170-08
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 5 November 1985, you enlisted in the Navy at age 32 and
served without incident until 17 March 1987, when you had a
chemical dependency evaluation during which you admitted long-term
use of marijuana and stated that you were aware of the Navy's drug
policy. The evaluation found that you were not drug dependent. On
30 March 1987, you had nonjudicial punishment for use of a controlled
substance. On 2 April 1987, 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 waived
the right to have your case heard by an administrative discharge
board (ADB). On 27 April 1987, the separation authority approved the
discharge recommendation and directed an OTH discharge by reason of
misconduct due to drug abuse. On 1 May 1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your regret for
your misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of your misconduct. The Board also
noted that you waived the right to have your case heard by an ADB,
your best opportunity for retention or a more favorable
characterization of service. 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.
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,
Le aguas}
W. DEAN PF ER
Executive Diragt
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