DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 408-08
17 June 2009
Dea rile:
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 10 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
tegulations 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:
The Board found that you enlisted in the Navy on 23 February
1983. On 10 April 1987 you received nonjudicial punishment for
use of cocaine.
On 13 May 1987 an administrative discharge board recommended that
you be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
After review by the discharge authority, the recommendation for
separation was approved and on 12 June 1987 you were separated
with a discharge under other than honorable conditions by reason
of misconduct.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, as well as your contentions that you were a
victim of racial discrimination and that the use of cocaine
should not have resulted in a discharge under other than
honorable conditions. The Board concluded that the mitigating
factors present in your case are insufficient to warrant
recharacterization of your discharge, given your involvement with
unlawful drugs. furthermore, the Board was not persuaded thak
you were falsely accused of misconduct because of your race.
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,
La Done
W. DEAN PFE
Executive Di ir
Copy toa: The American Legion
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