DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 2464-08
5 February 2009
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 3 February 2009. The names and votes of the
members of the panel will be furnished upon request.
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 on 26 July 1993 at age 19 and served
without disciplinary incident until 23 November 1994, when you
received nonjudicial punishment (NJP) for disobedience and two
specifications of disrespect. About four months later, on 1
March 1995, you received NUP for absence from your appointed
placed of duty, dereliction of duty, and being drunk on duty.
On 3 March 1995, following a psychiatric evaluation, you were
diagnosed with a bipolar disorder and treated with lithium. On
11 May 1995 you received your third NUP for unlawful entry and
wrongful theft and distribution of a prescription drug,
specifically, Clonazepam. On 18 May 1995 you received NUP for
making a false official statement, absence from your appointed
place of duty, and three specifications of failure to obey a
lawful order.
On 12 June 1995 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense, a pattern of misconduct, and drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
Shortly thereafter, your commanding officer recommended an other
than honorable discharge by reason of misconduct due to
commission of a serious offense, a pattern of misconduct, and
drug abuse. The discharge authority approved this
recommendation, and on 6 September 1995, 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 and desire to upgrade your discharge. It also
considered your assertions of being falsely accused of theft,
not being afforded legal representation, and being heavily
sedated when processed for separation. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in four NUPs and included drug
and alcohol abuse. Finally, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Accordingly, your application has been denied.
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,
WIS
W. DEAN PFE
Executive D e
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