DEPARTMENT OF THE NAVY
-BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03554-07
18 January 2008
Dear We.
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 16 January 2008. 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 22 May 1987 at age 30. On 18 April
1988, you received nonjudicial punishment (NUP) for two instances
of absence from your appointed place of duty. On 7 May 1988, you
began a period of unauthorized absence (UA) that lasted until
2/7 May 1989. During this period you were arrested and convicted
by civil authorities of two counts of possession of cocaine and
one count of possession and sale of cocaine. You were sentenced
to 12 months in jail.
On 30 May 1989, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offence. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 23 June 1989, the discharge authority directed an
other than honorable discharge by reason of misconduct. However,
on 30 June 1989 you began another period of UA. Your commanding
officer requested and was granted the authority to discharge you
in absentia. You were so discharged on 15 July 1989.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service and contentions of command
intimidation and use of scare tactics. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your NUP, a very
lengthy period of UA in which you were convicted by civil
authorities for drug possession and sale, and the fact that you
began another period of UA after your discharge had been
directed. Further, you waived the right to an ADB, your best
chance for retention or a better characterization of service.
With regard to your contentions, the Board noted that there is no
evidence in your record, and you submitted none, to support them.
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,
\ Deak
W. DEAN PF
Executive Di t
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