DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SON
Docket No: 01014-09
20 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 17 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 the evidence submitted was insufficient
te establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
5 January 1989 at age 27. On 15 November 1989, you received
nonjudicial punishment (NJP) for wrongful use of cocaine. You
received restriction, extra duty, a reduction in paygrade, and a
forfeiture of pay.
On 21 November 1989, administrative discharge action was
initiated to separate you by reason of misconduct due to drug
abuse. You elected to consult counsel and have your case heard
before an administrative discharge board (ADB).
On 13 December 1989, the ADB recommended a general discharge by
reason of misconduct due to drug abuse. On 5 January 1990, your
commanding officer forwarded your case and concurred with the
ADB's findings of misconduct, but recommended an other than
honorable discharge. On 5 February 1990, the discharge authority
directed a general discharge by reason of misconduct due to drug
abuse. On 16 February 1990 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your period of
service, Exodus Homes letters, the character letter accompanying
your application, and post service drug and alcohol problems.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the NUP involving drugs. Finally, the Board noted
that you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
‘when an individual is separated for misconduct. 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,
La Woaegs
W. DEAN PFE
Executive Di
Copy to:
NC Div of Veterans Affairs
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