DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4122-08
16 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
14 January 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.
On 13 September 1982, you enlisted in the Navy at age 18. During
the period 2 June 1983 to 21 August 1984, you were in an unauthorized
absence (UA) status on six occasions totaling about 11 days. On
24 August 1984, you had nonjudicial punishment (NJP) for assault
consummated by battery and a three day period of UA. Based on the
information currently contained in the record, it appears that no
disciplinary action was taken for the other periods of UA. On
16 September 1984, you were in a UA status for more than an hour.
On 30 November 1984, you had NUP for two instances of disobedience of
a lawful order and suspended punishment was vacated from your prior
NIP. On 4 December 1984, your urinalysis tested positive for
cocaine. You subsequently received a medical evaluation during which
you denied use of cocaine. The evaluation stated that you were not
dependent and recommended administrative separation.
On 7 January 1985, your commanding officer initiated administrative
separation by reason of misconduct due to drug abuse, but was
subsequently advised to reprocess your administrative separation.
During the period 11 to 14 January 1985, you were in a UA status, but
no disciplinary action was taken. On 26 March 1985, your commanding
officer initiated administrative separation by reason of misconduct
due to drug abuse and commission of a serious offense. In connection
with this processing, you acknowledged that separation could result
in an other than honorable (OTH) discharge and elected to have your
case heard by an administrative discharge board (ADB). On
14 May 1985, an ADB convened and found misconduct by reason of
misconduct due to drug abuse and commission of a serious offense, and
recommended a general characterization of service. On 8 June 1985,
the separation authority approved the discharge recommendation and
directed a general discharge by reason of misconduct due to
commission of a serious offense. On 14 June 1985, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct. 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,
W. DEAN PFEIFFER
Executive Director
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