DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5190 |
CRS
Docket No: 3022-09
8 October 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 30 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 21 December
1984. You received two nonjudicial punishments and were
convicted by a summary court-martial for offenses that included
absence from appointed place of duty, drunk and disorderly
conduct, making offensive remarks to a female petty officer,
failure to go to appointed place of duty, failure to obey a
lawful order, disrespect, violation of a general regulation, use
of marijuana, and possession of marijuana.
On 11 February 1986 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
When informed of that recommendation, you waived the right to
present your case to an administrative discharge board. After
review by the discharge authority, the recommendation for
separation was approved and on 10 March 1986 you were separated
by reason of misconduct with a discharge under other than
honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service as well as your contention that your discharge was
changed. The Board concluded those factors are insufficient to
warrant recharacterization of your service, given the severity of
your misconduct. In addition, there is no evidence, and you have
presented none, that supports your contention that your discharge
was downgraded from honorable to a discharge under other than
honorable conditions. 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,
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