DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8862-08
20 July 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 14 July 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 16 November 1984 at age 21 and began
a period of active duty on 26 December 1984. You served for
nearly a year without disciplinary incident, but on 4 December
1985, you received nonjudicial: punishment (NJP) for a seven day
period of unauthorized absence (UA). The punishment imposed was
restriction and extra duty for 20 days, a $200 forfeiture of pay,
and a reduction in rate. The forfeitures and reduction in rate
were suspended for six months. However, on 8 January 1986, this
suspended punishment was vacated due to your continued
misconduct. Also on 8 January 1986 you received NUP for wrongful
use of cocaine and were awarded restriction and extra duty for 45
days, reduction to paygrade E-1, anda $716 forfeiture of pay.
On 24 February 1986 you. were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 21 March 1986 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 28 March 1986 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct due
to drug abuse, and on 7 April 1986, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, the passage of time, and your
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your other than honorable discharge because
of the seriousness of your misconduct which included drug abuse.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, no discharge is upgraded due solely to the passage of
time or an individual’s good post service conduct. 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,
\Saaty
W. DEAN P E
Executive eetor
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