DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 07069-08
16 June 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
tion on 9 June 2009. Your allegations of error and
iewed in accordance with administrative
regulations and procedures applicable to che 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. \
applica
injustice were rev
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 and began a period of active duty on
12 October 1982 at age 18. During the period from 25 duly to
47 December 1985, you received three nonjudicial punishments
(NJP’s) for a brief period of unauthorized absence, disobedience,
and possession of crystal methedrine.
on’ 17 December 1985, administrative discharge action was
initiated to separate you by reason of misconduct due to dxug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB).
On 18 December 1985, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
55 December 1985, the separation authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
you were so discharged on 3 January 1986. ee ee senses BB
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
three NJP’s, one of which was for drug use. Further, the Board
noted that you waived the right to an ADB, your best opportunity
for retention or a better characterization of service.
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 antitled 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,
Ly Do Got
W. DEAN PFEL
Executive Di
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