DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
SON
Docket No: 08235-08
10 July 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
application on 8 July 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 and began a period of active duty on
6 September 1983 at age 19. You served without incident for over
four years until 8 March and 12 October 1988, when you received
nonjudicial punishment (NUP) for dereliction of duty,
disobedience, and wrongful use of marijuana.
On 19 October 1988, administrative discharge action was initiated
by reason of misconduct due to drug abuse. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 4 November
1988, your commanding officer forwarded his recommendation that
you be discharged under other than honorable conditions by reason
of misconduct due to drug abuse. On 13 November 1988 the
separation authority directed an other than honorable discharge
by reason of misconduct due to drug abuse. On 23 November 1988
you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overail
record of service, post service medical issues, letter from
District 19 Community Services Board, and contention that your
current medical condition caused your misconduct. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your two NUP’s,
one of which was for drug use. Further, you waived the right to
an ADB, your best chance for retention or a better
characterization of service. With regard to your contention, the
Board noted that there is no evidence in your record, and you
submitted none, to support it. 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,
W. DEAN P R
Bxecutive cor
2
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