DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3982-909
26 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 23 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
appFicable 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 23 July 1990 at age 18 and served
without disciplinary incident until 24 July 1992, when you
received nonjudicial punishment (NUP) for disrespect,
disobedience, and wrongful use of marijuana. The punishment
imposed was restriction and extra duty for 45 days, a S780
forfeiture of pay, and reduction to paygrade E-1.
On 28 July 1992 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
commission of a serious offense. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 14 August 1992 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse
and commission of a serious offense as evidenced by your
disregard for the Navy’s policy of “zero tolerance” for drug
abuse. On 25 August 1992 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 3 September
1992, 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 and desire to upgrade your discharge. It also
considered the character reference letters submitted in support
of your case. 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,
\sVeon
W. DEAN PB
Executive
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