DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 159-11
30 September 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 28 September 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
23 August 1994 at age 19. On 7 March 1996, you received
nonjudicial punishment (NUP) for two instances of wrongful use
and possession of marijuana. Based on the information currently
contained in your record it appears that there were charges
pending against you in Florida for one count each of wrongful
possession of more than 20 grams of marijuana, wrongful
possession of drug paraphernalia and wrongful possession of
marijuana with intent to deliver. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 14 April 1996, the separation
authority approved the OTH discharge for misconduct. On 9 May
1996 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
1
resulted in an NUP for drug use. The Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. Finally, members of the armed
services who are convicted by civil authorities may be discharged
for misconduct. 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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