DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 05527-10
12 August 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 10
August 2010. 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.
You enlisted in the Navy on 24 May 2001 at age 20. As part of your
initial indoctrination processing you were fully briefed on the
Navy’s zero tolerance drug policy and the consequences for failure
to adhere to that policy. Unfortunately on 16 September 2003 you
were arrested by German civil authorities for possessing psychedelic
drugs (mushrooms). On 9 October 2003 you were awarded nonjudicial
punishment by naval authorities for possession of 50 grams of
psychedelic drugs as well as one marijuana cigarette. Your
punishment consisted of reduction in rank, forfeiture of $721 per
month for two months and 60 days of restriction.
In accordance with the Navy's established policy you were notified
by your commanding officer that he was recommending you for
administrative separation with an other than honorable discharge
(OTH) due to your illegal possession of drugs. After conferring with
a military lawyer you agreed to waive your right to appear before
an administrative discharge board provided you received a general
discharge and not an OTH. Your commanding officer agreed and you
were issued a general discharge on 22 January 2004.
In its review of your application the Board concluded that in view
of the serious nature of your offenses (drugs) which occurred after
you were fully briefed on the Navy’s zero tolerance drug policy your
discharge was both legally proper and equitable. Equally important
you requested and successfully negotiated with your commanding
officer for the issuance of a general discharge rather than an OTH.
In this regard the Board believed that you were indeed fortunate to
have been issued a general discharge since sailors who illegally
possess drugs are routinely issued an OTH.
Accordingly, your application has been denied. The names and votes
of the members of the panel will be furnished upon 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,
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