DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 10881-08
22 January 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 13 January 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.
You enlisted in the Navy on 11 March 1991 at age 18. Seven days
later, you signed a service record entry acknowledging that you
were being retained in the naval service in spite of your
fraudulent entry as evidenced by your failure to disclose your
preservice involvement with drugs. At that time, you were
counseled on the consequences of further misconduct. You
subsequently completed initial training. On 23 November 1992 you
received nonjudicial punishment for use of a controlled
substance. The punishment imposed included restriction, extra
duty, forfeitures of pay and reduction in rate.
Subsequently, you were processed for an administrative discharge
by reason of misconduct due to drug abuse. At that time, you
elected to waive the right to have your case heard by an
administrative discharge board. After review, the separation
authority directed discharge under other than honorable
conditions and you were so discharged on 11 January 1993.
In its review of your application the Board carefully weighed all
potentially mitigating -factors, such as your youth, claim of a
good post service adjustment and desire for a better discharge so
that you can get a mortgage loan from the Department of Veterans
Affairs. The Board found that these factors were not sufficient
to warrant recharacterization of your discharge given your
record of drug abuse. It is clear that after the counseling
entry you were on notice that drug use would not be tolerated but
you used drugs anyway. Given the circumstances, 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, \
\s
W. DEAN PF
Executive D
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