DEPARTMENT OF THE NAVY
BOARD. FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 11587-08
24 March 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 7 January 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 December
1984. On 7 July 1986 you were convicted by civil authorities of
reckless driving, driving on a suspended license, and issuing
worthless checks. The court sentenced you to a fine of $80 and
confinement for 30 days, which was suspended. On 13 October 1986
you were convicted by civil authorities of drinking in public.
The court sentenced you to a fine of $10. A special court-
martial convened on 6 November 1986 and found you guilty of a
period of unauthorized absence, missing movement, and dereliction
of duty. On 24 December 1986 you were found in possession of
hashish and a drug screening found that you were an abuser of
numerous drugs. On 13 May 1987 you received nonjudicial
punishment for possession of hashish.
On 26 May 1987 your commanding officer recommended that you be
separated 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. After review by
the discharge authority, the recommendation for separation was
approved and you were discharged on 9 June 1987 with a discharge
under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention that you were discharged for the same charges
that you were found not guilty of at a special court-martial.
The Board could not find any evidence in the available records or
your application which corroborates that contention.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your discharge,
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,
Wi Rey
WwW. BER OF
mxecut ive
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