DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01375-08
23 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 23 September 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 in July 1986 and served without
disciplinary incident until 10 September 1987, when you received
nonjudicial punishment (NUP) for assault.
Shortly thereafter, you received the following disciplinary
actions: on 25 September 1987, NJP for the illegal use of drugs,
possession of cocaine, larceny, attempt to distribute cocaine,
and conspiracy to steal, and on 3 November 1987, NUP for
destruction of government property and larceny.
On 27 Novémber 1987, you were notified of your processing for
administrative separation due to your misconduct. You were
advised of your rights and elected not to consult with counsel.
On 30 November 1987, you were recommended for an other than
honorable (OTH) discharge. On 4 December 1987, the separation
authority approved these recommendations and directed an OTH
discharge with an RE-4 reenlistment code, and on 18 December
1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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,
\s \
\
W. DEAN PF
Executive Dil or
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