DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6500-08
21 May 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 12 May 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 11 January 1985 at age 20 and began a
period of active duty on 6 February 1985. You served without
disciplinary infraction until 11 August 1987, when you received
nonjudicial punishment (NUP) for failure to obey a lawful order.
Less than a year later, on 28 June 1988, you received NJP for
assault.
On 19 July 1989 you were convicted by summary court-martial (SCM)
of two periods of absence from your appointed place of duty,
wrongful possession of a false identification card, and wrongful
use of marijuana. Shortly thereafter, on 24 August 1989, you
received your third NUP for wrongful use of cocaine.
On 8 September 1989 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse,
commission of a serious offense, and a pattern of misconduct.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 22 September
1989 an ADB recommended discharge under honorable conditions by
reason of misconduct due to drug abuse. However, on 15 November
1989, your commanding officer recommended an other than honorable
discharge. Nonetheless, on 9 December 1989, the discharge
authority approved the ADB recommendation and directed your
commanding officer to issue you a general discharge by reason of
misconduct due to drug abuse, and on 21 December 1989, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which included drug
abuse. 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,
W. DEAN PF ER
Executive tor
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