DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 10617-0609
29 July 2010
‘This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 July 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 enlisted in the Navy on 23 March 1990 at age 20 and began a
period of active duty on 1 November 1990. You served without
disciplinary incident until 5 February 1992, when you received
nonjudicial punishment (NJP) for a six day period of unauthorized
absence (UA). About seven months later, on 9 September 1992, you
received NUP for wrongful use of marijuana. The punishment
imposed was reduction to paygrade E-1, extra duty and restriction
for 45 days, and a $786 forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After waiving your procedural rights to consulting with legal
counsel and present your case to an administrative discharge
board (ADB), your commanding officer recommended discharge by
reason of misconduct due to drug abuse as evidenced by violation
of the Navy zero-tolerance policy. On 22 October 1992 the
discharge authority approved this recommendation and directed
your commanding officer to discharge you under other than
honorable conditions by reason of misconduct due to drug abuse,
and on 23 November 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, post service conduct, and desire to upgrade your
discharge so that you may obtain employment. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Further, you were given an
opportunity to defend yourself and possibly obtain a better
characterization of service, but waived your procedural right to
an ADB. 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,
W. DEAN P
Executive tor
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