DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
SIN
Docket No: -02467-09
13 January 2010
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 12 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 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
15 November 1984 at age 18. During the period from 4 October to
13 December 1985, you received four nonjudicial punishments
(NJP’s) for three days of unauthorized absence, two instances of
wrongful use of marijuana (one being onboard ship) and failure to
go to your appointed piace of duty. On 19 December 1985,
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 30 January 1986,
your commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. On 4 February 1986, the discharge
authority directed an other than honorable discharge by reason of
misconduct due to drug abuse. On 7 February 1986, you received a
fifth NOP for drunk and disorderly conduct. You received the
other than honorable discharge on 12 February 1986. 7
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your misconduct that resulted in five NJP’s,
two of which were 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 ,
W. Noose .
Executive Di or ,
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