DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 11969-10
10 August 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 3 August 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
10 May 1988 at age 18. You tested positive for marijuana in your
accession urinalysis and were placed on a urinalysis surveillance
program. You were counseled regarding your misconduct and warned
that further offenses could result in administrative separation.
On 7 September 1988, you tested positive for lysergic acid
diethylamide (LSD). On 17 October 1988, administrative discharge
action was initiated to separate you by reason of misconduct.
Your commanding officer directed your separation. Subsequently,
on 8 November 1988 you were discharged with an uncharacterized
entry level separation by reason of misconduct (drug abuse).
The Board in its review of your application carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. You are advised that a discharge is
characterized only if you serve 180 days or more of active duty.
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 ali 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,
W. DEAN Badd
Executive Ditrectcr
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