DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 5765-09
24 May 2010
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 18 May 2010. The names and votes of the
members of the panel will be furnished upon request. 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 19 October 1989 at age 18 and began a
period of active duty on 7 November 1989. You served without
disciplinary incident until 9 October 1990, when you received
nonjudicial punishment (NJP) for wrongful appropriation of a
security pouch, the personal property of another Sailor.
On 25 March 1991 you were apprehended and confined by civil
authorities on a charge of third degree burglary. On 24 April
1991 you were released on a $10,000 bail and returned to military
custody. Subsequently, you received NUP for a 30 day period of
unauthorized absence (UA), wrongful possession of alcoholic
beverages, and fraudulently using another Sailor's telephone card
in the amount of $131.87. During the period from December 1991
to February 1992 you received NUJP on three more occasions for
wrongful use of marijuana, two period of absence from your
appointed place of duty, dereliction of duty, and wrongful use of
cocaine.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 3 March 1992,
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 desire to upgrade your discharge and change your
narrative reason for separation. It also considered your
assertion that you had a substance abuse problem prior to.
enlisting in the military. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge or a change of your narrative reason for
separation because of the seriousness of your drug and alcohol
related misconduct in both the military and civilian communities,
and lengthy period of UA which resulted in five NUPs. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an administrative
discharge board. Finally, there is no evidence in the record,
and you submitted none, to support your assertion. Accordingly,
your application has been denied.
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 PFEIFFER
Executive Director
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