DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No; 3811-09
1 March 2010
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 18 February 2010. 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
18 February 1986 at age 25. On 7 April 1988, you received
nonjudicial punishment (NUP) for two instances of wrongful use of
controlled substances, cocaine and marijuana. On 7 July 1989,
you received NJP for the wrongful use of marijuana. On 16 August
1989, administrative discharge action was initiated to separate
you by reason of misconduct due to drug abuse. You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 24 August 1989, an ADB
unanimously found that you had committed misconduct and
recommended that you be discharged under other than honorable
(OTH) conditions. Subsequently, on 14 September 1989, your
commanding officer concurred with the ADB and forwarded your case
to the discharge authority for review. On 2 November 1989, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 16 November 1989 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
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 burderf is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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