DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
					TJR
										Docket No: 2227-06 
										20 September 2006

This is in reference to your application for correction f 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 19 September 2006. 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 on 3 April 1991 at age 17. You served for more than three years without disciplinary incident, but on 25 August 1994 you received nonjudicial punishment (NJP) for wrongful use of marijuana. The punishment imposed was reduction to paygrade E-2, restriction and extra duty for 45 days, and a $1,063.80 forfeiture of pay.

On 26 August 1994 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). On 7 November 1994 an ADB recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 21 February 1995 your commanding officer also recommended separation by reason of misconduct due to drug abuse. On 13 March 1995 the discharge authority approved these recommendations and directed an other than honorable discharge by reason of misconduct, on 29 March 1995 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 assertion that since your home loan through the Department of Veterans Affairs (VA) was approved, your discharge should be upgraded so that you may receive medical care through the VA. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related 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,

2