DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6724-10
22 April 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 19 April 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 polileies.
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 18 June 1991 at age 24 and began a
period of active duty on 26 July 1991. You served without
disciplinary infraction until 2 May 1993; when you were arrested
by civil authorities for assault and battery with intent to kill
as evidenced by striking another with a wooden 2x4. About two
months later, on 27 July 1993, your urine sample tested positive
for marijuana use. On 5 August 1993 you received nonjudicial
punishment (NJP) for wrongful use of marijuana and assault. The
punishment imposed was reduction to paygrade E-2, restriction and
extra duty for 45 days, and a $912 forfeiture of pay.
On 27 September 1993 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
commission of a serious offense. After consulting with legal
counsel you waived your right to present your case to an
administrative discharge board (ADB). On 20 October 1993 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse
and commission of a serious offense. On 15 October 1993 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 commission of a serious
offense, and on 5 November 1993, 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, desire to upgrade your discharge, and assertion of
emotional, mental, and family issues. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which included wrongful use of drugs.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
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,
\o dead .
W. DEAN R
Executive \Di tar
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