DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4704-11
17 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 14 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
injuptice.
You enlisted in the Naval Reserve on 2 October 1987 after two
years of prior honorable service. In November 1987 you were
recalled to active duty. On 16 November 1987 your urine sample
tested positive for marijuana.
Your record contains a drug and alcohol report which states, in
part, that you had a positive urinalysis, and that you admitted
to using marijuana for about three years. It further states that
you denied using narcotics/hard drugs. Nonetheless, you were
counselled regarding the Navy's zero tolerance policy.
Subsequently, you were notified, via registered mail, of pending
administrative separation actions by reason of misconduct due to
drug abuse. Presumably, after waiving your procedural rights,
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
On 8 July 1988 the discharge authority approved this
recommendation and directed discharge under other than honorable
conditions by reason of misconduct, and on 11 July 1988, you were
so discharged. At that time you were not recommended for
reenlistment and/or reaffiliation.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your other
than honorable discharge. It also considered your assertion that
the discharge is both inequitable and improper. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your drug
related misconduct which was contrary to the Navy’s “zero
tolerance” policy. Further, you were presumably given an
opportunity to defend yourself but waived your procedural right
to legal counsel and to present your case to an administrative
discharge board. Finally, there is documented evidence in the
record that is contrary to 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,
WN aos PFREF
Executive e 1a)
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