DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6328-07
17 April 2008
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 15 April 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 26 April 1985 at age 19. You served
without disciplinary incident until 21 February 1986, when you
received nonjudicial punishment (NUP) for a 53 day period of
unauthorized absence (UA). The punishment imposed was
restriction and extra duty for 45 days, a $638 forfeiture of pay,
and reduction to paygrade E-1. About two months later, on 25
April 1986, you received NJP for wrongful use of a controlled
substance and were awarded restriction and extra duty for 45 days
and a $600 forfeiture of pay.
Subsequently, 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 10 May 1986 your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to drug abuse. On 15 May 1986 the discharge authority approved
this recommendation and directed an other than honorable
discharge, and on 16 May 1986, you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct 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 drug related misconduct and lengthy period of UA.
Finally, no discharge is automatically upgraded due solely to the
ae
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,
lduS
W. DEAN PFEIRFE
Executive Di t
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