DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 09262-07
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 reenlisted in the Navy on 30 December 1986 after six years of
honorable service. On 15 March 1988, you received nonjudicial
punishment (NJP) for a brief unauthorized absence and wrongful
use of cocaine.
On 27 April 1988, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse.
You elected to consult with legal counsel and requested an
administrative discharge board (ADB).
On 20 May 1988, an ADB, unanimously found that you had committed
misconduct due to drug abuse, and recommended discharge under
other than honorable conditions. Subsequently, your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 14 July 1988, the discharge
authority directed an other than honorable discharge by reason of
misconduct. On 29 August 1988 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, and overall record of your last period of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your NJP for drug use. 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,
\Wead
W. DEAN PFE
Executive D xr
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