DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
SUN
Docket No: 3328-09
25 February 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 qf the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 February 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 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
18 July 1985 at age 32. During the period from 2 June 1986 to
12 August 1988, you received five nonjudicial punishments (NIJP’ s}
for four instances of disobedience, two instances of possession
of cocaine, two instances of drunk and disorderly conduct, and
three periods of unauthorized absence totaling six days. on
15 August 1988, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you waived the
right to an administrative discharge board (ADB). The separation
authority directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
27 September 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service and belief that your characterization of service would
change after six months. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge because of the five NJP’s, one of which was for drug
possession. The Board also noted that you waived an ADB, your
best chance for retention or a better characterization of
service. Finally, you are advised that there is no provision in
law or Navy regulations that allow for recharacterization of
discharges automatically after six months or due solely to the
passage of time. 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,
W. DEAN P
Executive tor
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