DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RFCORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~5 100

SMW
Docket No: 8934-06
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 27 June 1988 you enlisted in the Navy at age 18 after disclosing pre-service use of marijuana. On 2 July 1988 you acknowledged the Navy’s drug abuse policy. On 1 February 1989 your urinalysis tested positive for marijuana, and on 9 March 1989 you received nonjudicial punishment (NJP) for this offense. On 16 March 1989, another urinalysis tested positive for marijuana.

Although the record is incomplete, it appears that your commanding officer (CO) subsequently initiated administrative separation action by reason of misconduct due to drug abuse, and recommended an other than honorable discharge. In connection with this processing, you apparently waived the right to have your case heard by an administrative discharge board (ADB). On 23 March 1989 the separation authority approved the recommendation for separation and directed an other than honorable discharge by reason of misconduct due to drug abuse. On 5 April 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. The Board also considered your contention of good post service conduct. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your drug related offense and ensuing NJP that occurred after you disclosed preservice drug use and acknowledged the Navy’s drug abuse policy, and your later positive urinalysis. Furthermore, the Board noted that you had 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,

2