DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 7923-07
10 September 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
You enlisted in the Navy on 6 April 1987 at age 34. you served
without disciplinary incident for one year and one month.
However, during the period from 5 May to 9 June 1988, you
received nonjudicial punishment (NJP) on four occasions for two
periods of unauthorized absence (UA) totalling six days, failure
to obey a lawful order, and wrongful use of cocaine.
On 15 June 1988 you were notified of pending administrative
Separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you waived your right to
to drug abuse. On 22 July 1988 the discharge authority approved
this recommendation and directed discharge by reason of
misconduct due to drug abuse, and on 1 August 1988 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge. It also considered your
assertion of a service-connected injury. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Further, you were given an
Opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Finally, there is no evidence in
the record, and you provided none, to support your assertion of a
service-connected injury. 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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