DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DG 20370-5100
TUR
Docket No: 3220-09
18 March 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 16 March 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 on 13 April 1987 at age 17 and began a
period of active duty on 13 July 1987. You served without
disciplinary incident until 8 August 1990, when you were
convicted by special court-martial (SPCM) of five specifications
of wrongful use of marijuana and cocaine. You were sentenced to
confinement for two months, reduction to paygrade E-1, and a $750
forfeiture of pay.
On 15 January 1991 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 31 January
1991 an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 27 May
1991 your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 15 April 1991 the
discharge authority approved these recommendations and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to drug abuse, and on 25
April 1991, 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, and desire to upgrade your
discharge. It also considered your assertion that your discharge
was the result of being falsely accused of using drugs.
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 a court-martial conviction. Finally, there is no
evidence in the record, and you submitted none, to support your
assertion of being falsely accused of drug use. 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,
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