DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02899-08
10 December 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 10 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 on 3 September 1986, and served without
disciplinary incident until 27 May 1988, when you received
nonjudicial punishment (NJP) for illegal drug usage. You were
given a page 13 warning and allowed to stay in the service.
Shortly thereafter, you were received the following NUJP’s: on 3
October 1988, for an unlawful entry and failure to obey a lawful
written order, and on 9 December 1988, for illegal drug usage.
You were offered substance abuse treatment, and had the right to
talk with an attorney, however, you elected not to consult with
counsel. On 5 January 1989, you were recommended to be separated
with an other than honorable (OTH) discharge due to misconduct.
On 12 January 1989, the separation authority approved these
recommendations and directed an OTH discharge and an RE-4
reenlistment code, and on 25 January 1989, 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,
W. DEAN PFETRFER
Executive Direct &
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