DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 12318-09
3 September 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 1 September 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 28 April 1992 at age 25 and began a
period of active duty on 21 December 1992. You served for nearly
two years without disciplinary incident. However, on 23 April
and again on 12 May 1994, you received nonjudicial punishment
(NTP) for absence from your appointed place of duty and wrongful
use of marijuana.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 13 May 1994 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 3 June 1994 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct due
to drug abuse, and on 8 June 1994, 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, period of satisfactory service, and desire to upgrade
your discharge. The Board also considered your assertions that
you were accused of using marijuana without urinalysis evidence,
and that there is no such evidence in your record, nor have you
ever been provided such evidence. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in NUP. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally, there
is documented evidence in the record that is contrary to your
assertions. 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.
Sineerely,
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