DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ech
Docket No. 05628-11
13 October 2041
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 5
October 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.
Bfter careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Navy on 19 May 1998 for a term of four years.
Your record shows that during your initial military training you were
fully briefed on the Navy's zero tolerance drug policy the violation
of which could result in court-martial proceedings and or
administrative separation with an other than honorable discharge
(OTH}. Unfortunately a littie less than two years later you received
nonjudicial punishment for wrongfully using crystal
methamphetamine. You were then referred to an administrative
discharge board (ADB) where you were represented by a military
lawyer. Although the ADB found that you had wrongfully used drugs
it recommended that you be retained. Your commanding officer did
not concur in the ADB’s recommendation for retention but instead
urged that you be issued an OTH. Your case was then forwarded to
the Chief of Naval Personnel (CNP) who recommended to the Assistant
Secretary of the Navy (ASN) that you be administratively separated
not with an OTH but rather a general discharge which in effect made
you eligible to receive the basic benefits administered by the
Department of Veterans Affairs despite your clearly documented
misconduct. ASN agreed with CNP and you were separated on 27 July
2000 with a general discharge after having served a little more than
two years and two months of your four year obligation.
In its review of your application the Board concluded that in view
of the seriousness of your misconduct (drug abuse) your discharge
was proper as issued and did not warrant upgrading as a matter of
clemency. In this regard the Board would like to point out that
Sailors who abuse drugs, even if only once, are routinely issued:
OTH'’s. The Board believed you are indeed fortunate to have been
issued a general discharge.
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,
\y
W. DEAN P
Executive Di
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