DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05895-08
30 March 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 5 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You had prior naval service from 1972 to 1987, and received
honorable discharges and were recommended for reenlistment. You
reenlisted on 28 August 1987, and served without disciplinary
incident until 24 August 1990, when you received nonjudicial
punishment for the illegal use of a controlled substance
(cocaine). Therefore, you were recommended for separation with a
general discharge. The separation authority approved the
recommendation and on 1 April 1991, you were separated with a
general discharge and an RE-4 reenlistment code due to your drug
abuse. Characterization of service is based on overall trait
marks assigned on a periodic basis. An overall trait average of
“4.0” was required for a fully honorable discharge. Your trait
average was “3.7”.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. Furthermore, the Board believed that
considerable clemency was extended to you when you received a
general discharge. Finally, the Board noted your overall trait
average was insufficiently high for an honorable discharge.
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
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 PF
Executive D1
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