DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9745-08
30 November 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 24 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 21 March 1989.
You received three nonjudicial punishments on three occasions for
offenses that included wrongful use of marijuana and cocaine. On
25 August 1992 you were convicted by civil authorities of two.
traffic offenses and wrongful use of cocaine. The court
sentenced you to probation for 24 months and payment of ยง150.00
in administrative fees.
On 22 September 1992 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
After being informed of the recommendation, you elected to waive
the right to present your case to an administrative discharge
board. On 21 October 1992 you were discharged by reason of
misconduct with a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service, as well as your unsubstantiated contention that a
traumatic experience caused you to commit acts of misconduct.
The Board concluded that the mitigating factors present in your
case are insufficient to warrant recharacterization of your
discharge and that there is no basis for corrective action in
your case. 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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