DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 245-08
22 August 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 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 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 27 May 1987 at age 24. On 16 June
1987 you were dropped from the Nuclear Power Program due to your
admitted preservice cocaine use. On 4 November 1987 you received
nonjudicial punishment for using cocaine while in the Navy.
Based on your drug abuse, you were processed for an
administrative discharge by reason of misconduct. An
administrative discharge board (ADB) met on 4 February 1988 and
found that you had committed misconduct due to drug abuse and
recommended discharge under other than honorable conditions.
On 16 March 1988 you were convicted by a summary court-martial of
a short period of unauthorized absence and failure to go to your
appointed place of duty. On 28 May 1988, the separation
authority directed discharge under other than honorable
conditions. Subsequently, you were an unauthorized absentee for
about five days.
A special court-martial convened on 11 July 1988 and convicted
use of wrongful distribution of cocaine and assault. The
sentence of the court included forfeitures of pay, confinement at
hard labor for five months and a bad conduct discharge. You
began appellate leave in November 1988 and remained in that
Status until the bad conduct discharge was issued on 21 June
1989.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the length of time since
the discharge was issued and your contention that the reason for
your discharge should at least be corrected to show that you were
separated under other than honorable conditions instead of with a
bad conduct discharge. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given your record of misconduct and especially
your conviction by a special court-martial of assault and
distribution of cocaine. The Board concluded that the bad
conduct discharge was proper as issued and no change is
warranted.
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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