DEPARTMENT OF THE NAVY
BOAR FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7781-07
20 August 2008
This is in reference tp your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1652.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary matterial considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval redord, and applicable statutes, regulations,
and policies.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
After careful and found the evs consideration of the entire
You enlisted in the Navy 25 April 1989 at age 19. You served
without disciplinary intident until 31 July 1989, when you
received nonjudicial puhishment (NUP) for failure to go to your
appointed place of duty|and three specifications of failure to
obey a lawful order. “fepo three months later, on 20 October
s
_ 1989, an investigative report stated that you had been
apprehended for possession and alleged use of marijuana.
On 7 November 1989 you were notified of pending administrative
separation action by redson of misconduct due to drug abuse and
commission of a serious loffense. After consulting with legal
counsel you elected to present your case to an administrative
discharge board (ADB). |On 30 November 1989 you received NJP for
two specifications of wrongful possession and use of marijuana.
The punishment imposed was restriction and extra duty for 45 days
and a $698 forfeiture of] pay.
On 1 December 1989 an
ADB recommended separation under other than
honorable conditions by reason of misconduct due to commission of
a serious offense.
concurrence with the ADB,
than honorable conditilo
commission of a serious
Subsequently, your commanding officer,
in
also recommended separation under other
ns by reason of misconduct due to
offense. On 25 January 1990 the
discharge authority approved these recommendations and directed
an other than honorabl
were so separated.
The Board, in its revi
carefully weighed all
your youth, post servi
also considered your al
would financially assi
these factors were not
of your discharge beca
drug related misconduc
denied.
i?
ic
iS
IS
ju
The names and votes of
upon request.
It is regretted that t
favorable action canno
Board reconsider its de
evidence or other matt
In this regard, it is
presumption of regular
Consequently, when app
record, the burden is 6
existence of probable m
e discharge,
Ic.
and on 31 January 1990, you
ew of your entire record and application,
otentially mitigating factors, such as
e conduct, and the passage of time. It
sertion that an upgrade of your discharge
t you. Nevertheless, the Board concluded
sufficient to warrant recharacterization
se of the seriousness of your repetitive
Accordingly, your application has been
the members of the panel will be furnished
e circumstances of your case are such that
be taken. You are entitled to have the
cision upon submission of new and material
r not previously considered by the Board.
Mportant to keep in mind that a
ty attaches to all official records.
ying for a correction of an official naval
n the applicant to demonstrate the
aterial error or injustice.
Sincerely,
\p
W. DEAN
Executive or
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