Sa me
OAT su
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 8551-08
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 15 October 1985, you enlisted in the Navy at age 19 and served
without incident for more than 29 months. On 13 April 1988, your
urinalysis tested positive for marijuana. On 12 May 1988, you had
nonjudicial punishment for use of marijuana. On 20 May 1988, a
psychiatric evaluation found that you had marital discord, episodic
cannabis abuse, and diagnosed you with an adjustment disorder and
depressed mood. On 27 May 1988, 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 31 May 1988, a medical evaluation found that
you were not dependent on drugs or amenable to treatment. On
29 June 1988, the separation authority approved the discharge
recommendation and directed an OTH discharge by reason of
misconduct due to drug abuse. On 6 July 1988, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
period of good service, and the passage of time. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of your
misconduct. Furthermore, there is no provision in the law or
regulations that allow for recharacterization of service due solely
to the passage of time. 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,
Ra DS.
ROBERT D-~ZSALMAN
Acting Executive Director
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