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

TJR
Docket No: 9385-02
21 August 2003

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 19 August 2003. 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 26 December 1984 at age 18. You then served without disciplinary incident until 6 March 1986, when you received nonjudicial punishment (NJP) for wrongful use of marijuana.

Your record contains a substance abuse report dated 26 March 1986 which noted that you were recommended for an administrative separation. This report further noted, in part, as follows:

(Member) evaluated as poly-drug dependent.... not amenable to treatment.... failed to keep scheduled alcohol/drug counselling and medical appointments.... recommend administrative processing.

Subsequently, you were processed for an administrative separation by reason of misconduct due to drug abuse and your refusal to participate in a drug and alcohol rehabilitation program. Your commanding officer recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 16 April 1986 the discharge authority directed an other than honorable discharge by reason of misconduct, and on 22 April 1986 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 immaturity, post service conduct, and your contention that you were told that your discharge would be automatically upgraded six months after your separation. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of your drug related misconduct and your refusal to participate in a drug rehabilitation program. Further, no discharge is upgraded merely because of the passage of time. 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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