DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
TJIR
+ Docket No: 1436-09
23 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of ‘Title 10, 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 July 2009. The names and votes of the
members of the panel will be furnished upon request. 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 reenlisted in the Navy on 11 October 1991 after nearly six
years of prior honorable service. You continued to serve without
disciplinary incident until 12 June 1992, when you received
nonjudicial punishment (NUP) for obstruction of justice and were
awarded a reduction to paygrade E-3, which was suspended. for six
months. However, on 18 November 1992, you received NJP for
wrongful use of marijuana. The punishment imposed was
restriction for 60 days, reduction to paygrade E-2, and a $880
rorfeiture of pay. :
On 19 November 1992 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
' to present your case to an administrative discharge board (ADB).
On 3 December 1992 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. On 11 December 1992 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of .
misconduct due to drug abuse, and on 22 December 1992, you were
so discharged. :
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your desire to upgrade your
discharge and change your reenlistment code so that you may
reenlist in the Navy. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge or a change of your reenlistment code because of the
seriousness of your misconduct which resulted in two NJPs and
included drug abuse. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Accordingly, your application has been denied.
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,
Wee’ |
‘"W. DEAN
Executive D
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