DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 1567-10
4 November 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 2 November 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 6 October 1989 at age 20 and began a
period of active duty. You served without disciplinary incident
until 11 February 1992, when you received nonjudicial punishment
(NIP) for wrongful possession and use of marijuana and
disrespect. Shortly thereafter, during a medical evaluation, you
stated, in part, that you had used marijuana prior to enlistment,
but not again until celebrating at a party and having consumed
too many alcoholic beverages. The medical examiner found that
you were not drug or alcohol dependent and therefore not
recommended for rehabilitation. The recommendation for further
service was deferred to your commanding officer. On 21 February
1992 your commanding officer stated, in part, that you had
demonstrated a total lack of integrity, reliability, and honesty
by your possession and use of marijuana and that your conduct was
detrimental to the good order and discipline of the command.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense
and drug abuse. After waiving your procedural rights to consult
with legal counsel and to present your case to an administrative
discharge board (ADB, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to commission of a serious offense,
and on 27 February 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, character reference letters, and desire to upgrade
yeur discharge. It also considered your assertion that you did
n@t smoke marijuana prior to your enlistment nor did you smoke it
after your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct which
resulted in NUP due to drug abuse. 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 assertion that
you did not smoke marijuana prior to your enlistment.
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,
\p need
W. DEAN PF
Executive ¥
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