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NAVY | BCNR | CY2006 | 09092-06
Original file (09092-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 9092—06
5 September 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 5 September 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 reenlisted in the Navy on 9 September 1986 after four years of prior honorable service. You continued to serve without disciplinary incident until 29 May 1987, when you received nonjudicial punishment (NJP) for failure to obey a lawful order. On 30 September and again on 6 October 1987 you received NJP for two specifications of failure to obey a lawful order and two periods of absence from your appointed place of duty.
On 14 June 1989 you received your fourth NJP for wrongful use of cocaine and marijuana. The punishment imposed was reduction to paygrade E-2, extra duty and restriction for 45 days, and a forfeiture of pay.
Subsequently, you were notified of pending administrative separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your case to an administrative discharge board (ADE). On 22 August 1989 an ADB recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 8 September 1989 your commanding officer also recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse. On 5 October 1989 the discharge authority approved these recommendations and directed separation under other than honorable conditions, and on 6 October 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 and the passage of time. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive drug related 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,

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