DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5201-09
2 April 2010
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 24 March 2010. 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.
REter 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 and began a period of active duty on
24 April 1987 at age 22. On 20 November 1987, you received
nonjudicial punishment (NUP) for wrongful use of cocaine. On 8
January 1988, you received NJP for two instances of disrespectful
language to a petty officer and two instances of dereliction in
the performance of duties. On 11 January 1988, administrative
discharge action was initiated to separate you by reason of
misconduct due to drug abuse. You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 10 February 1988, an ADB unanimously found that
you had committed misconduct and recommended that you be
discharged under other than honorable (OTH) conditions due to
drug abuse. Subsequently, on 29 February 1988, your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 20 March 1988, the separation
authority directed an OTH discharge by reason of misconduct due.
to drug abuse. On 31 March 1988 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
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,
W. DEAN PF
Executive e r
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