DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 5295-08
8 April 2009
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 7 April 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 15 March 1986 at age 21 and began a
period of active duty on 20 May 1986. You served without
disciplinary incident for nearly two years, but on 26 January
1988, you received nonjudicial punishment (NJP) for wrongful use
of cocaine. The punishment imposed was restriction and extra
duty for 45 days, reduction to paygrade E-2, and a $700
forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 16 March
1988 an ADB recommended separation under other than honorable
conditions by reason of misconduct due to drug abuse. On 25
March 1988 your commanding officer also recommended separation
under other than honorable conditions by reason of misconduct.
On 17 April 1988 the discharge authority approved these
recommendations and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
drug abuse and on 29 April 1988 you were so discharged. A copy
of your Certificate of Release or Discharge from Active Duty (DD
Form 214) is enclosed for your information.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertions that you were discharged because you
had not been rated and that your discharge was under scrutiny.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Finally, there is no evidence in the record, and you have
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,
\WQoa GA.
W. DEAN PFEI
Executive Diréc
Enclosure
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