DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3033-10
26 January 2011
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 25 January 2011. 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 7 November 1985 at age 25 and served
for nearly three years without disciplinary incident. However,
on 12 September 1988, you received nonjudicial punishment (NJP)
for wrongful use of marijuana. The punishment imposed was a $600
forfeiture of pay, extra duty for 45 days, and a reduction in
paygrade.
On 19 October 1988 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). Subsequently,
an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 7
December 1988 your commanding officer, in concurrence with the
ADB, also recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 21
January 1989 the discharge authority approved these
recommendations and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse, and on 14 February 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service, post service conduct, and
desire to upgrade your discharge so that you may obtain benefits.
It also considered your assertion that your discharge was the
result of your refusal to admit using drugs, when in fact you
were not a drug user. 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 an NUP. Finally, there is no
evidence in the record, and you submitted none, to support your
assertion. 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,
\Diua
W. DEAN PF
Executive Dite
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