DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8548-08
20 May 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 May 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 21 February 1980, you enlisted in the Navy Reserve at age 17
with parental consent and began a period of active duty on
25 February 1980. On 26 February 1981, you had nonjudicial
punishment for possession of marijuana on board a naval vessel.
You were subsequently found psychologically dependent,
completed substance abuse treatment, returned to duty, and
warned that further infractions could result in administrative
separation. On 23 December 1981, you were counseled regarding
deficiencies in your performance and conduct, and warned that
further infractions could result in an other than honorable
(OTH) discharge. During July 2007, marijuana was found in the
berthing area on board your ship. You subsequently admitted
continued use of drugs during a Naval Investigation Service
(NIS) interview.
On 12 November 1982, your commanding officer initiated
administrative separation by reason of drug abuse
rehabilitation failure. In connection with this processing,
you acknowledged the separation action and that your
characterization of service would be determined as warranted by
your service record. On 10 December 1982, the separation
authority approved the discharge recommendation and directed
discharge by reason of drug abuse rehabilitation failure and
that characterization of service would be determined as
warranted by your service record. On 17 December 1982, you
were separated with a general discharge due to drug abuse
rehabilitation failure.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contention that personal
problems contributed to your misconduct. Nevertheless, the
Board found that these factors were not sufficient to warrant
recharacterization of your service. In this regard,
characterization of service determined as warranted by service
records is based on a member's conduct, actions, and overall
trait and behavior marks assigned on a periodic basis. Minimum
acceptable average overall trait and behavior marks of 2.7 and
3.0, respectively, were required to form the basis for a fully
honorable characterization of service. Your average overall
trait and behavior marks were 3.23 and 2.93, respectively.
Regarding your contention, there is no evidence in the record
to support it. But even if there was such evidence, personal
problems do not excuse misconduct. Given your continued use of
drugs and failure to attain the behavior mark average required
for a fully honorable characterization of service, the Board
found that your service warranted a general 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,
TT et AS, 2S peng
ROBERT D.~ZSALMAN
Acting Executive Director
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