DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4658-11
10 February 2012
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 7 February 2012. 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 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 reenlisted in the Navy on 24 May 1985 after about eight years
of prior service. You continued to serve without disciplinary
incident until 1 October 1987, when you received nonjudicial
punishment (NUP) for wrongful use of marijuana. The punishment
imposed was a $1,388 forfeiture of pay, restriction and extra
duty for 45 days, and reduction to paygrade E-5. Shortly
thereafter, on 7 October 1987, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 15 October 1987 the
discharge authority approved this recommendation and directed
separation under other than honorable conditions by reason of
misconduct and on 27 October 1987 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 and desire to upgrade your discharge. It also
considered your assertion of alleged improper processing of the
urinalysis results. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your drug related misconduct which was
contrary to the Navy’s “zero tolerance” policy. Further, you
were given an opportunity to defend your actions, but waived your
procedural right to present your case to an ADB. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion. 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,
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