DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5106 REC
Docket No: 11782-0608
29 October 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 15 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
28 August 1982, at age 18. On 8 July 1987, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. On
13 August 1987, administrative discharge action was initiated to
separate you by reason. of misconduct due to drug use. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 9 November 1987, the
ADB unanimously recommended separation with an other than
honorable discharge by reason of misconduct due to drug abuse.
On 8 January 1988, your commanding officer concurred with the .
ADB’s findings and forwarded his recommendation that ‘you be
discharged. On 30 January 1988, the discharge authority directed
an other than honorable discharge by reason of misconduct due to
drug use. You were so discharged on 10 February 1988.
The foard, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your wrongful use of cocaine.
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,
lea le
W. DEAN PFEIVF
Executive Diract
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