DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 3006-08
24 March 2009
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 11 February 2009. 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.
The Board found that you enlisted in the Navy on 10 December
1982. You received five nonjudicial punishments and were
convicted by a special court-martial for offenses that included
Six periods of unauthorized absence, willful disobedience of a
lawful order, failed to obey a lawful order, failed to go to
appointed place of duty, violation of a general order, and
possession of marijuana.
On 25 March 1986 your commanding officer recommended that you be
Separated with a discharge under other than honorable conditions
by reason of commission of a serious offense and drug abuse.
After being informed of the recommendation, you elected to waive
the right to present your case to an administrative discharge
board. After review by the discharge authority, the
recommendation for separation was approved and you were
discharged on 28 April 1986 with a discharge under other than
honorable conditions by reason of commission of a serious
offense.
In its review of your application, the Board carefully considered
your contention that you were suffering from a back injury. ‘The
foard could not find any evidence in the available records or
your application which connects your back injury with your
misconduct. Accordingly, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge, 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, A
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