DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00957-10
28 October 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 26 October 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings o£ 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
Io ueticS.
You enlisted in the Navy and began a period of active duty on
14 May 1985. The Board found that on 21 May 1985, you were
briefed on the Navy’s policy on drugs and alcohol abuse. You
served for over three years without incident until 25 May 1988,
when you received nonjudicial punishment for three specifications
of wrongful use of cocaine. You received a forfeiture of pay, a
reduction in paygrade, and extra duty. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to drug use. On 15 July 1988, you were
so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NJP for drug use, and the fact that you were
previously briefed on the drug and alcohol abuse policy of the
Navy. Finally, the Board noted that you waived the right to an
ADB, your best chance for retention or a better characterization
of service. Accgrdingly, your application has been denied. The
_ names and votes of the members of the panel will be furnished
# pPon 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,
Py one
W. DE BE R
Executiv hector
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