DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2361-09
24 February 2010
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 23 February 2010. 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 Reserve on 26 November 1991 at age 19
and began a period of active duty on 21 July 1992. You served
without disciplinary incident until 27 May 1993, when you
received nonjudicial punishment (NOP) for wrongful introduction
and use of testosterone/anabolic steroid. The punishment imposed
was a $814 forfeiture of pay, restriction and extra duty for 45
days, and reduction to paygrade E-1.
On 28 May 1993 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 30 May 1993 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse as evidenced by conduct that was detrimental to
good order and discipline. On 30 June 1993 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 21 July 1993,
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, desire to upgrade your
discharge so that you may obtain employment as a peace officer,
and the passage of time. The Board also considered your
assertions that your offense of using steroids was based on the
finding of an empty pill bottle with an Arabic label and that you
were not given the results of your urine testing. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in NUP. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Also, there is —
documented evidence in the record that is contrary to your
assertions. Finally, 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,
\Sdaag
W. DEAN P
Executive tor
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