DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7030-06
6 April 2007
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 3 April 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.
You enlisted in the Navy on 14 December 1987 at age 19. You
served for two years without disciplinary incident, but on 19
January 1990 you received nonjudicial punishment (NUP) for
wrongful use of cocaine. The punishment imposed was extra duty
and restriction for 45 days, reduction to paygrade E-2, anda
$890 forfeiture of pay.
On 5 February 1990 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 8 March 1990 your commanding officer recommended an other than
honorable discharge by reason of misconduct. On 13 March 1990
the discharge authority approved this recommendation and directed
an other than honorable discharge, and on 20 March 1990 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, period of good service, post service conduct, and
assertion that your discharge was the result of the worst error
of your life and has held you back long enough. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of the narrative
reason for separation because of the seriousness of your drug
related misconduct. Further, the Board noted that you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. 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 Dine r
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