DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 2574-09
23 February 2010
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
Recotds, sitting in executive session, considered your
application on 18 February 2010. 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.
Biter 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 29
August 1985, at age 19 with a possession of marijuana civil
conviction waiver. On 10 April 1986 you received nonjudicial
punishment (NJP) for fighting. On 18 September i986 you received
NIP for being in an unauthorized absence (UA) status, failure to
obey a lawful order, assault, communicating a threat, and,
obtaining services under false pretenses. On 19 December 1986
you received NJP for reckless driving, causing damage to military
property, and obtaining services under false pretenses.
On 3 November 1987 you were referred for a mental health
evaluation based on a recommendation from your chain of command
which observed you to have temper outbursts and an inability to
get along with others. You were diagnosed as having alcohol
abuse problems and a borderline personality disorder. On 15
October 1987 you received NUP for failure to obey a lawful order
and being incapacitated for the performance of your duties.
On 11 February 1988 you were convicted by special court-martial
(SPCM) of being UA over 60 days, disrespect, and wrongful use of
cocaine. You were sentenced to a $800 forfeiture of pay,
confinement for 60 days, and a bad conduct discharge (BCD).
However, due to an administrative error, the BCD and a portion of
the confinement were suspended. While in the foregoing UA
status, you were diagnosed with a Bipolar Disorder. In March
1988 a second Navy Mental Health evaluation was conducted and you
were diagnosed with attention deficit disorder, hyperactivity
syndrome, tinea pedis, and alcohol dependence, and directed to
complete your confinement. Subsequently, on 12 November 1988,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct and drug abuse. You
elected to have your case heard by an administrative discharge
board (ADB), which voted three to zero in favor of an other than
honorable discharge. Your commanding officer agreed with the
findings of the ADB and forwarded his recommendation t hat you be
discharged under other than honorable conditions by reason of —
misconduct. On 21 March 1989 the discharge authority directed an
other than honorable discharge by reason of misconduct due to
drug abuse, and on 29 March 1989, you were so discharged and
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and desire to upgrade your
discharge and change your narrative reason for separation and
reenlistment code. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing the reenlistment
code, reason for separation, or characterization of your
discharge, given your record of four NJPs and conviction by SPCM.
Further, an RE-4 reenlistment code is required when a Sailor is
discharged due to misconduct. Finally, the Board concluded that
you were very fortunate to receive an other than honorable
discharge since a BCD is often directed when a Sailor is found to
have committed misconduct such as drug abuse. 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,
Fo Ww. DEAN PRS Fon — LFFER
Executive Director
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