DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
SJN
Docket No: 01452-0939
23 December 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 15 December 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.
You enlisted in the Navy and began a period of active duty on
28 July 1986 at age 19. On 6 August 1987, you received
nonjudicial punishment (NJP) for wrongful possession of
marijuana. On 8 August 1987, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
Statement or have your case heard by an administrative discharge
board (ADB). On 9 August 1987, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable conditions by reason of misconduct due to drug abuse.
On 14 August 1987, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 17 August 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the character letters accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your NUP for drug use. Further, the Board
noted that you waived the right to an ADB, your best opportunity
for retention or a better characterization of service.
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,
\NionS
W. DEAN PF
Executive
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