DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8586-06
12 July 2007
Dear &
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.
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 20 August 1980 at age 18. During the
period from 20 May 1981 to 29 April 1985 you received nonjudicial
punishment on seven occasions for failure to obey a lawful order,
four periods of absence from your appointed place of duty,
failure to go to your appointed place of duty, two specifications
of missing the movement of your ship, being incapacitated for
duty, disrespect, a one day period of unauthorized absence (UA),
and assault.
duty and restriction for three days. Shortly thereafter, you
were notified of pending administrative separation action by
reason of misconduct due to a pattern of misconduct. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB) and submit a statement
of rebuttal to the discharge. However, on 22 April 1986, you
waived your right to an ADB in lieu of a recommendation for a
general discharge. Accordingly, your commanding officer
submitted a conditional waiver to the discharge authority which
On 23 April 1986 a drug and alcohol report stated that on 14
April 1986 your urine sample tested positive for marijuana. As a
result, on 28 April 1986, your commanding officer withdrew the
recommendation for a general discharge pending trial for the
foregoing drug abuse. Subsequently, the discharge authority
disapproved the conditional waiver and directed your commanding
officer to reprocess you for a discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct and drug abuse. On 1 May 1986 you were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct and drug abuse. At that time you
waived your right to consult with legal counsel and to present
your case to an ADB. On 3 May 1986 you were convicted by summary
court-martial of drug abuse. On 5 May 1986 your commanding
officer recommended discharge under other than honorable
conditions. The discharge authority approved this recommendation
and directed an other than honorable discharge, and on 13 May
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 assertion that your discharge was unfair and
unjust and was the result of a disagreement. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in eight NUJPs, a
court-martial conviction, and included drug abuse. Finally,
there is no evidence in the record, and you have submitted none,
to support your assertion of receiving an unfair or unjust
discharge. 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,
Ly
Ww.
Executive Dire
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