DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10089-08
18 November 2008
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 4 November 2008. 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 31 January 1985
upon your discharge from the Navy Reserve. On 5 June 1985 you
were convicted by civil authorities of driving while intoxicated.
The sentence imposed by the court is not show in the records
available to the Board. On 22 August 1985 a special court-
martial found you guilty of unauthorized absence, willful
disobedience of a lawful order, disobedience of a lawful
regulation, driving while intoxicated, and unlawfully entering a
restricted area. The court sentenced you to confinement for
sixty days, forfeiture of $400.00 pay per month for two months,
and reduction in rank. A message dated 4 September 1985 advised
your commanding officer that the urine sample you submitted on 23
August 1985 had tested positive for cannabinoids (marijuana) .
On 27 September 1985, 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 the
commission of a serious offense. After being informed of the
recommendation, you elected to waive the right to consultation
with and representation by counsel and to present your case to an
administrative discharge board. As you were recommended for
discharge because of offenses of which you had been convicted by
a special court-martial which did not impose a punitive
discharge, the recommendation was forwarded to the Assistant
Secretary of the Navy for Manpower and Reserve Affairs for review
and action. The Secretary approved the recommendation on 28
October 1985. On 5 November 1985, the Commander, Naval Military
Personnel Command directed that you be discharged under other
than honorable conditions by reason of misconduct. You were so
discharged on 12 November 1985.
In its review of your application, the Board carefully considered
your contention to the effect that the judge who presided at your
special court-martial judge told you that your misconduct did not
warrant a punitive discharge, but found it insufficient to
warrant corrective action in your case. The Board noted that
your commanding officer, the Chief of Naval Personnel and the
Assistant Secretary of the Navy for Manpower and Reserve Affairs
knew that a punitive discharge had not been adjudged, but
nevertheless determined that an administrative discharge under
other than honorable conditions was warranted and appropriate.
The Board was not persuaded that it would be in the interest of
justice for it to upgrade your discharge as a matter of clemency.
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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