DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TJR
Docket No: 4235-06
11 January 2007

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 9 January 2007. 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 Naval Reserve and began a period of active duty on 9 September 1975 at age 17. About five months later, on 12 February 1976, you received nonjudicial punishment (NJP) for wrongful possession of marijuana. The punishment imposed was a $205 forfeiture of pay and correctional custody for 25 days. On
8 November 1976 you received NJP for larceny and wrongful possession of marijuana and were awarded a $382 forfeiture of pay, reduction to paygrade E-1, and correctional custody for 30 days.

On 12 November 1976 you were notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel, you waived your right to present your case to an administrative discharge board in exchange for a recommendation for a general discharge. On 18 November 1976 your commanding officer recommended a general
discharge by reason of misconduct due to drug abuse. On 30 November 1976 the discharge authority approved this recommendation and directed separation by reason of misconduct, and on 13 December 1976 you were issued a general discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your repetitive drug related misconduct. Finally, there is no provision in the law or regulations that allow for recharacterization due to a passage of time or an individual’s good behavior after 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,

ROBERT D. ZSALMAN
Acting Executive Director

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