DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07704-08
7 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 6 May 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 enlisted in the Navy on 14 January 1985. However, you
received a pre-service waiver for prior misconduct that you never
disclosed. You served without disciplinary incident until 20
December 1985, when you received nonjudicial punishment (NJP) for
unauthorized absence (UA) and missing ship’s movement.
Shortly thereafter, on 12 May 1987, you received another NJP for
being drunk in public. Further, on 14 December 1987, you were
convicted at a special court-martial (SPCM) for the illegal
possession of a controlled substance and drug paraphernalia. You
were recommended for separation with an other than honorable
(OTH) discharge due to your pattern of misconduct. You were
advised of your procedural rights, and you chose to waive the
right to an administrative discharge board (ADB). On 15 February
1988, the separation authority approved the recommendation, and
on 7 March 1988, you were separated with an OTH and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. The Board noted you waived your right to an
ADB, which was 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 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,
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