DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8523-06
11 July 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 11 July 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 27 June 1988 at age 1820 and served
without disciplinary incident until 4 May 1989, when you received
nonjudicial punishment (NJP) for two specifications of wrongful
use of cocaine and marijuana. The punishment imposed was a $698
forfeiture of pay, restriction for 60 days, and reduction to
paygrade E-1.
On 10 May 1989 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).
This recommendation also Stated, in part, that you had admittedly
abused cocaine and marijuana, and that you had no future
potential for further naval service. On 1 August 1989 the
discharge authority approved this recommendation and directed an
other than honorable discharge, and on 18 August 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 passage of time, and your post service conduct.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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,
Ded
W. DEAN PFE
Executive Dis or
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