DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00118-08
19 December 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 17 December 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
19 June 1986 at age 19. You served for over two years without
incident until 2 March 1989, when you received nonjudicial
punishment (NJP) for drunk driving and being drunk on duty. On
6 March 1989, you were counseled and warned that further
misconduct could result in administrative discharge action.
However, on 26 September 1989, you were convicted by special
court-martial (SPCM) of wrongful distribution of cocaine. You
were sentenced to confinement, a forfeiture of pay, anda
reduction in paygrade.
On 4 December 1989, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB).
On 22 January 1990, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 2 February 1990, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense. On
21 February 1990 you were so discharged.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of one NJP and conviction by
SPCM for drug distribution. Further, you were counseled and
warned concerning the consequences of further misconduct and
waived the right to an ADB, your best chance 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,
\Dord :
W. DEAN PF F
Executive D Cc
NAVY | BCNR | CY2010 | 11360-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your _application on 9 August 2011. 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. On 29 October 1991 an ADB recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and commission of a...
NAVY | BCNR | CY2007 | 07445-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2008. 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. On 14 May 1990, you were so discharged.
NAVY | BCNR | CY2007 | 07864-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 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...
NAVY | BCNR | CY2007 | 05741-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2008. On 15 January 1990, you began a UA that ended on 3 February 1990, a period of about 19 days. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were counseled regarding deficiencies in your performance and...
NAVY | BCNR | CY2008 | 01582-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 2008. 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and elected to have your case heard by...
NAVY | BCNR | CY2007 | 07781-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. ying for a correction of an official naval n the applicant to demonstrate the aterial error or injustice.
NAVY | BCNR | CY2008 | 02235-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...
NAVY | BCNR | CY2007 | 09351-07
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.On 20 April 1987, you enlisted in the Navy at age 22. On 28 December 1990, you had nonjudicial...
NAVY | BCNR | CY2011 | 00148-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 28 September 2011. 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. On 14 August 1989, the ADB found that you committed misconduct and recommended that you be separated with an OTH discharge.
NAVY | BCNR | CY2006 | 10056-06
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. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and elected to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...