DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08651-08
22 June 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 4 June 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 9 October 1985, and served without
disciplinary incident until 5 June 1986, when you received
nonjudicial punishment (NUP) for being in an unauthorized absence
(UA) status for 4 days.
Shortly thereaftér,' you received the following NUP’s: on 12
December 1986, for the illegal use of drugs (cocaine) and UA; on
19 February 1987, for UA and failure to obey a lawful order; on
26 February 1988, for UA; on 26 October 1988, for UA, disrespect
toward a petty officer, failure to obey a lawful regulation,
being drunk on duty, and communicating a threat.
Further, on 5 May 1989, during a command urinalysis screening,
you tested positive for cocaine use. Furthermore, you received
the following additional NJP’s: on 5 June 1989, for UA; on 29
July 1989, for the illegal use of drugs (marijuana); and on 3
August 1989, for UA. You were recommended for separation with an
other than honorable (OTH) discharge due to your drug abuse. The
separation authority approved the recommendation and on 29
September 1989, you were separated with an OTH discharge 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 belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant changing the
characterization of your discharge due to your misconduct.
Further, there is no provision in the law or regulations that
allows for recharacterization of service due solely to the
passage of time. 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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