DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
TUR
Docket No: 8822-08
14 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 July 2009. The names and votes of the
members of the panel will be furnished upon request. 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.
You enlisted in the Navy on 16 June 1987 at age 21 and began a
period of active duty on 13 August 1987. You served without
disciplinary infraction until 3 April 1989, when your urine
sample tested positive for cocaine. Shortly thereafter, on 6
April 1989, you received nonjudicial punishment (NUP) for
unspecified charges. On 2 May 1989 you received your second NJP
for wrongful use of cocaine and were awarded restriction and
extra duty for 45 days, a $782 forfeiture of pay, and reduction
to paygrade E-3.
On 4 May 1989 you were referred for a medical evaluation for
cocaine use. You denied using cocaine, but stated that you were
being investigated for possession of marijuana. You:also stated
that you consumed alcoholic beverages, but did not have an
alcohol problem and did not need treatment.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. On 18 May 1989 the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse and on 25 May 1989 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, the passage of time, and your desire to upgrade your
discharge. It also considered your assertion that under current
standards, your characterization of service would be different.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your other than
honorable discharge because of the seriousness of your repetitive
drug related misconduct. Further, the Board presumed that you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion, and no discharge is upgraded due solely to the
passage of time. Accordingly, your application has been denied.
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.
Ke
Ly os P
Executive Di
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