DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7245-08
31 March 2009
This igs 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
25 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 24 February 1987, you enlisted in the Navy at age 18 after
being granted a pre-service drug abuse waiver. On 20 July 1988,
you reported for duty on board a nuclear powered submarine. On
30 April 1990, you had nonjudicial punishment for two instances of
dereliction in the performance of your duties and use of marijuana.
On 30 April 1990, 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
14 May 1990, you received a medical evaluation during which time you
Stated that although you had pre-service drug use, you had not used
them after enlistment until you chose to do so to get transferred
because of a longstanding personal problem with a leading petty
officer. On 18 May 1990, the separation authority approved the
recommendation and directed an OTH discharge by reason of misconduct
due to drug abuse. On 13 June 1990, 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
period of good service. The Board also considered your explanation
of purposely using marijuana in order to remove yourself from an
abusive situation, which it noted was also the same explanation
that you gave before you were discharged. Nevertheless, the Board
concluded that these factors and explanation were not sufficient to
warrant recharacterization of your discharge due to the seriousness
of your misconduct, your pre-service drug abuse waiver, and no
evidence in the record of the abuse that you contend to have
received. 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,
hy Doar
W. DEAN PFETRE
Executive Dil
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