DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8042-08
24 June 2009
Dea iin: :
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 17 June 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 19 October 1990 at age 23 and served
for two years and four months without disciplinary infraction,
but on 3 February 1993, your urine sample tested positive for
cocaine. On 25 February 1993 you received nonjudicial punishment
(NIP) for failure to go to your appointed place of duty. Shortly
thereafter, on 8 March 1993, you received NUP for failure to go
to your appointed place of duty and failure to obey a lawful
order. On 12 March 1993 your urine sampie again tested positive
for cocaine.
Subsequently, on 30 March 1993, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense and drug abuse. After consulting
with legal counsel you elected to present your case to an
administrative discharge board (ADB). On 17 May 1993 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 25 May 1993 your
commanding officer also recommended an other than honorable
discharge by reason of misconduct due to drug abuse.
On 2 June 1993 you received your third NIP for a two day period
of unauthorized absence (UA) and were awarded a $172.37
forfeiture of pay, reduction to paygrade E-1, and restriction for
60 days. Subsequently, the discharge authority approved the
foregoing recommendations, and on 3 June 1993, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
It further considered your assertions of racial discrimination,
the stressors of war, instability due to alcohol and drug use,
and lack of physical and mental health assistance. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in three NUPs and 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,
\sQ oS :
Ww. sa a
Executive tor
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