DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9538-08
18 August 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 18 August 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 appiicable 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 18 December 1980 at age 21. You
served without disciplinary incident until 28 January 1983, when
you received nonjudicial punishment (NIP) for wrongful use of
cocaine. The punishment imposed was extra duty and restriction
for 45 days, reduction to paygrade E-3, and a $700 forfeiture of
‘ pay.
As a result of the foregoing, 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). Subsequently, your commanding officer
recommended discharge under other than honorable conditions by .
reason of misconduct due to drug abuse. The discharge authority
approved this recommendation and directed your commanding officer
to igsue you an other than honorable discharge by reason of
misconduct due to drug abuse, and on 4 April 1983, you were so
discharged.
On 29 August 1990 the Naval Discharge Review Board (NDRB)
reviewed and denied your request for recharacterization of your
discharge. However, the Board, in its review of your entire
record and application, carefully weighed all potentially
mitigating factors, such as your youth, brief period of service
without disciplinary incident, post service conduct, desire to
upgrade your discharge, and the passage of time. It also
considered your assertion that the NDRB misinterpreted the facts
in your record. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. Finally, the Board noted the typographical error made
by the NDRB on the date of your NUP, but concluded that such an
error was administrative in nature and does not change the
overall facts of the offense. In other words, you received NUP
for wrongful use of cocaine. 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,
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