DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09229-07
6 November 2008
This is 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 4 November 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 and began a period of active duty on
1 December 1988 at age 18. You served without incident until
10 June 1991, when you received nonjudicial punishment (NJP) for
a period of unauthorized absence. On 12 June 1991, you were
counseled and warned that further misconduct could result in
administrative discharge action. However, on 14 February 1992,
you received a second NUP for wrongful use of cocaine.
Based on the information currently contained in your record it
appears that administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse and that
you waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
Further, it appears your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse and it was
approved by the separation authority. You were so discharged on
7 April 1992.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in two
NJP’s, one of which was for drug use. The Board also noted that
it appears you waived the right to an ADB, your best opportunity
for retention or 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,
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