DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 5240-08
19 March 2009
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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 17 March 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 27 November 1984 at age 17 and began
a period of active duty on 17 July 1985. You served without
disciplinary incident until 31 October 1986, when you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. A year later, on 4 September 1987, you received
NJP for absence from your appointed place of duty and wrongful
possession of cocaine. On 4 February 1988 you received your
third NUP for absence from your appointed place of duty and
wrongful use of cocaine. The punishment imposed was restriction
and extra duty for 45 days, reduction to paygrade E-1, and a $670
forfeiture of pay.
Subsequently, you were processed| for an administrative separation
by reason of misconduct due to drug abuse. You waived your right
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to consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 1 March 1988 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse as
evidenced by your wrongful possession and use of cocaine. On 2
March 1988 you began a period of unauthorized absence (UA) that
was not terminated under 17 March 1988. However, the record does
not reflect the disciplinary action taken for this period of UA
totalling 15 days. Nonetheless, while in the foregoing UA
status, the discharge authority approved the discharge
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
18 March 1988, 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, desire to upgrade your discharge, the explanations
regarding your drug use and discharge, and the passage of time.
It also considered your assertions of double jeopardy, not being
afforded drug rehabilitation, and the Navy failing you because
your drug usage was not identified until after you were addicted.
The Board further considered your request for a veterans’ medical
identification card so that you may obtain veterans’ benefits.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Further, you were given an opportunity to defend yourself and
possibly obtain a better characterization of service, but waived
your procedural right to present your case to an ADB. Finally,
there is no evidence in the record, and you submitted none, to
support your assertions. 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,
is
W. DI
Executive actor
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