DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3443-09
28 January 2010
his is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 January 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 reenlisted in the Navy after four years of honorable service.
On 19 August 1993, you received nonjudicial punishment (NJP) for
unauthorized absence (UA) from your appointed place of duty,
willfully disobeying a superior commissioned officer,
insubordinate conduct toward a superior petty officer and
wrongful use of cocaine. On 19 August 1993, you were notified of
pending administrative separation action by reason of misconduct.
You elected to consult with legal counsel and subsequently
requested an administrative discharge board (ADB). On 6 October
1993, an ADB unanimously found that you had committed misconduct
and recommended two to one to discharge you under other than
honorable (OTH) conditions. Subsequently, your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 29 October 1993, the
separation authority directed an OTH discharge by reason of
misconduct. On 17 November 1993 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 Baard found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Finally, concerning your alleged drug problem, there is no
indication in the record that such a problem, if it existed at
the time of your service, was as serious as to excuse you of
responsibility for your actions or was sufficiently mitigating to
warrant recharacterization of your discharge. 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
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