DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 12560-11
4 October 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 2 October 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 poliedes .
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 Naval Reserve on 28 September 1987 and began
a period of active duty on 4 January 1988 at the age 19. On 8
June 1988 you failed a urinalysis by testing positive for
marijuana. Shortly thereafter, on 21 July 1988, you received
nonjudicial punishment (NIP) for wrongful use of marijuana.
Nearly a year later, on 12 May 1989, your urine sample again
tested positive for marijuana, and as a result, on 9 June 1989,
you received NJP for wrongful use of Marijuana
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural right to consult with legal counsel and to present
your case to an administrative discharge board (ADB), on 17 June
1989, your commanding officer recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. The discharge authority approved this recommendation and
directed your commanding officer to jssue you an other than
honorable discharge by reason of misconduct, and on 22 June 1989,
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 that your second failed urinalysis was
due to residue from the first testing. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct which resulted in two NJPs.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
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,
Executive Dite
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