DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07032-10
9 March 2011
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 8 March 2011. 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 and began a period of active duty on
15 December 1981. The Board found that you received nonjudicial
punishment for wrongful use of marijuana. You received a
forfeiture of pay, restriction, anda reduction in paygrade. You
were evaluated and found not to be dependent on marijuana, but
considered to be a drug abuser and placed ina drug
rehabilitation program on 18 September 1985. Additionally, you
were counseled and warned that further drug involvement or
misconduct could result in administrative discharge action. On
1 October 1985, you tested positive for use of marijuana.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug use. You elected to consult
counsel and have your case heard before an administrative
discharge board (ADB). On 29 November 1985, the ADB unanimously
recommended separation with an other than honorable (OTH)
discharge by reason of misconduct due to drug abuse. Your
commanding officer concurred with the ADB’s finding and
recommendation that you be separated. On 11 December 1985, the
separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. On 12 December 1985 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and letter from the Office of Veteran's Services.
Nevertheless, the Board concluded these factors were not
sufficient to warrant techaracterization of your discharge given
wour NJP for drug ube, and failure to adhere to your command’s
drug rehabilitation program. 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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