DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5106
TAL
Docket No: 3654-09
la 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 27 January 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 reenlisted in the Navy on 21 November 1997 after nearly 15
years of prior honorable service. You continued to serve without
disciplinary incident until 8 April 1999, when you received
nonjudicial punishment (NJP) for dereliction of duty. About four
months later, on 2 August 1999, you received NUP for wrongful use
and possession of marijuana. On 29 September 1999 you were
notified of pending administrative separation action by reason of
misconduct due to drug abuse and a pattern of misconduct. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 14 October 1999
an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse and a
pattern of misconduct. However, by a vote of two to one, the ADB
recommended that the discharge be suspended for 12 months. On 5
November 1995 your commanding officer, in partial concurrence
with the ADB, also recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse
and a pattern of misconduct. However, your commanding officer
recommended an immediate administrative separation because of
your disregard for the Navy's policy of “zero tolerance” for
drugs. On 13 December 1999 the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 23 December
1999, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
prior honorable service and your desire to upgrade your
discharge. It also considered your assertion that your discharge
was inequitable because it was based on a few isolated incidents.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug-related misconduct and
blatant disregard for the Navy’s policies and regulations
regarding drug abuse. 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,
Executive Dil
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