DEPARTMENT OF THE NAVY
		      BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 2O37O-51OO

											
											SJN
Docket No: 06723-06
	16 January 2007

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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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 reenlisted in the Navy on 2 September 1980 after four years of honorable service. You served without incident for’ over two years until 27 July 1983, when you received nonjudicial punishment (NJP) for wrongful use of marijuana. You received restriction, a forfeiture of pay, and a reduction in paygrade. It also appears that you were placed on the command’s urinalysis surveillance program (USP) because on 17 July and 21 August 1985 you tested positive for marijuana.

On 9 September 1985 administrative discharge action was initiated by reason of misconduct due to drug abuse. You elected to consult with legal counsel and requested an administrative discharge board (ADB).

On 4 October 1985 an ADB, unanimously found that you had committed misconduct due to drug abuse, and recommended discharge under other than honorable conditions. Subsequently, your commanding officer (CO) concurred with the ADB and forwarded your case to the discharge authority for review.

On 17 November 1985 the discharge authority directed an other than honorable discharge by reason of misconduct due to drug abuse. On 22 November 1985 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 prior honorable service. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your NJP for drug use, and failure to refrain from drug use after being placed on the USP. 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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