DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEA
WASHINGTON DC 20370-5100
TAL
Docket No: 12501-08
30 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 21 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
21 February 1990 at age 20. On 27 January 1992, you were
convicted by special court-martial (SPCM) of 69 days of
unauthorized absence (UA) and wrongful use of cocaine.
On 27 February 1992, administrative discharge action was
initiated to separate. you by reason of misconduct due to drug
abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB) . On 24 March 1992, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable {OTH) conditions. On 6 June 1992, the discharge
authority directed an OTH discharge by reason of misconduct due
to drug abuse. You were so discharged on 23 June 1992.
The Board, 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 given your misconduct that resulted in
conviction at a SPCM for drug use. Finally, the Board noted that
you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
\p ‘DEAN PFET
Executive Dire
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