DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5015-09
26 October 2009
This ig 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 16 September 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found you enlisted in the Navy Reserve on 1. June 1982.
On 3 December 1982 you had a positive urinalysis for marijuana.
You received nonjudicial punishment on 14 January 1983 for
wrongful use of marijuana. On 25 January 1983 a second
urinalysis test was positive for marijuana.
On 21 March 1983 an administrative discharge board {ADB) found
that you wrongfully used marijuana on one occasion. The ADB
recommended your retention based in’part on their belief that the
positive results of the second urinalysis could have resulted
from the previous use that was substantiated by the urinalysis
conducted on 3 December 1982. On 22 June 1983 your commanding
officer disagreed with the decision of the ADB and recommended
that you be separated with a discharge under other than honorable
conditions by reason of misconduct due to drug abuse. The
Secretary of the Navy approved the recommendation and on 6
October 1983 you were separated by reason of misconduct with a
discharge under other thuit honorable conditions
In its review of your application the Board carefully weigh=d all
potentially mitigating factors, such as your youth and overall
service, as well as your contention that the second urinalysis
was a false positive. The Board concluded that those factors are
insufficient to warrant recharacterization of your service, since
you offered no evidence that the second urinalysis was invalid
with the exception of the ADB’s decision that was later
overturned by the Secretary of the Navy. In addition, a
discharge under other than honorable conditions may be based on a
single instance of wrongful use of marijuana. 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 burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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