DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9370-09
31 August 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 4 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 7 August 1990.
On 24 November 1993 you received nonjudicial punishment for use
of marijuana. On 30 November 1993 your commanding officer
recommended that you be separated from the Navy with a discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. When informed of that recommendation, you waived
the right to present your case to an administrative discharge
board. After review by the discharge aurhority, the
recommendation for separation was approved and on 31 January 1994
you were separated by reason of misconduct with a discharge under
other than honorable conditions.
The Board carefully considered your contention that you had an
excellent record with only the mistake of using drugs. The Board
found your contention insufficient to warrant upgrading your
discharge. 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, efficial 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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