DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL :
Docket No: 02730-0939
29 December 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 9 December 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
L5 October 1985 at age 19. On 31 December 1986, you received
nonjudicial punishment (NIP) for wrongful use of marijuana.
On 6 April 1987, you received NUP for disobeying a lawful order.
On 27 July 1987, you received NIP for the loss of your military
identification card. On 28 July 1988, you received NUP for
wrongful use of marijuana and two instances of unauthorized
absence (UA) from your unit for a- period of 31 days. On 20
August 1988, you received NIP for four instances of UA, and
failure to go to your appointed placed of duty. On 11 August
1988, 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 12 August
1988, your commanding officer forwarded his recommendation for
discharge under other than honorable (OTH) conditions. On 17
August 1988, the separation authority directed an OTH discharge
by reason of misconduct due to drug abuse. On 22 August 1988 you
were so discharged.
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 the seriousness of your misconduct.
Finally, the Board found 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,
F
(=~. W. DEAN ‘PFEIFFER
Executive Director
NAVY | BCNR | CY2009 | 00731-09
On 20 June 1988, you received NUP for wrongful use of marijuana and UA. Additionally, after your third NUP, you were counseled and warned that further | misconduct could result in administrative discharge action.. On 27 June 1988, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. Board.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2010- 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...
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NAVY | BCNR | CY2010 | 06290-10
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NAVY | BCNR | CY2010 | 03833-10
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