DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4080-08
26 January 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
23 January 2009. Your allegations of error and injustice were
reviewed in accordahce 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.
On 16 April 1986, you enlisted in the Navy at age 24. On
11 June 1986, you admitted to experimental use of marijuana before
you enlisted, acknowledged the Navy's drug policy, and were granted a
waiver for submarine duty. On 18 March and 26 May 1987, you had
nonjudicial punishment (NJP) for a brief instance of unauthorized
absence and being incapacitated for the proper performance of your
duties. On 26 May 1987, you were counseled regarding deficiencies in
your performance and conduct and warned that further infractions
could result in administrative separation. On 4 August 1987, you
were convicted in civilian court of driving while intoxicated. Your
sentence included a fine and confinement, which were both partially
suspended, in addition to two years of probation. On 18 August 1987,
you received a letter of warning regarding your misconduct in which
you were informed that further infractions could result in an other
than honorable (OTH) discharge. On 25 August 1987, the suspended
punishment from the NUP dated 26 May 1987 was vacated and you
received an oral reprimand for your failure to obey a lawful order.
On 9 September 1987, you were assigned to the weight control program.
On 24 November 1987, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct,
and recommended a general discharge. In connection with this
processing, you acknowledged the separation action. On
15 December 1987, you were separated with a general discharge by
reason of misconduct due to a pattern of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
continued even after you were warned that further infractions could
result in an OTH discharge. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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,
\SSak
W. DEAN PFEI
Executive Dir
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