DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7027-07
13 May 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 13 May 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 reenlisted in the Navy on 6 February 1986 after three years
of prior honorable service. Shortly thereafter, on 14 February
1986, you received nonjudicial punishment (NJP) for absence from
your appointed place of duty. . On 19 June and again on 25
September 1986, you received NJP for three periods of
unauthorized absence (UA) totalling 14 days, disobedience,
disrespect, and wrongful use of cocaine.
On 10 October 1986 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) .
Subsequently, your commanding officer recommended separation
under other than honorable conditions by reason of misconduct due
to drug abuse. The discharge authority approved this
recommendation and directed discharge under other than honorable
conditions by reason of misconduct, and on 29 October 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 prior honorable service and desire to have your discharge
upgraded. 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 three NJPs and included drug abuse. Finally, you
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB and perhaps
obtain a better characterization of service. 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,
ROBERT ofa
Acting Executive Director
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