DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TIR
3 Docket No: 8824-08
20 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 thrée-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 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 7 July 2990 at age 19 and began a
period of active duty on 6 November 1990. You served for a year
without disciplinary incident, but on 17 December 1991, you
received nonjudicial punishment (NUP) for being an accessory to
an offense after the fact.
On 27 February 1992 you received NUP for wrongful possession and
use of marijuana and absence from your appointed place of duty.
On 6 March 1991 you were convicted. by summary court-martial (SCM)
of wrongful possession of marijuana and wrongful possession of
alcoholic beverages onboard your ship. Subsequently, you were
referred for a medical evaluation for drug abuse and were found
to be psychologically dependent on marijuana.
As a result of the foregoing, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 13 March 1992 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 27 March 1992 the
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to drug abuse, and on 6
April 1992, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, the passage of time, and your
desire to upgrade your discharge. It also considered your
assertion that you have learned from your mistake and would now
like a second chance in life. 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, 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 or an individual’s good post service conduct.
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.
Sincerely,
t
W. DEAN PRELAKER
Bxecutive tor
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