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

SMW
Docket No: 8889-06
16 February 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 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.

On 18 July 1986 you enlisted in the Navy at age 21 and served without incident until 2 March 1989, when you received nonjudicial punishment (NJP) for dereliction in the performance of your duty. On 31 July 1991 you were convicted by special court-martial (SPCM) of failure to obey a lawful order, making a false official statement, and use of a controlled substance.

On 18 September 1991 your commanding officer (CO) initiated administrative separation action by reason of misconduct due to commission of a serious offense and drug abuse. In connection with this processing, you acknowledged that the separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). A medical evaluation of 22 October 1991 found that you had used marijuana on ten occasions, but concluded that you were not drug dependent. On 28 October 1991 your CO recommended an other than honorable discharge. On 8 November 1991 the separation authority approved the recommendation and directed an
other than honorable discharge by reason of misconduct due to commission of a serious offense. On 21 November 1991 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 your desire to make amends for past actions. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Further, you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

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,

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