DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3783-09
23 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 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
27 February 1987 at age 20. On i8 January 1989, a unit sweep
urinalysis was conducted, and your specimen tested positive for
cocaine. On 1 February 1989, you were notified of consideration
for discharge under other than honorable conditions by reason of
misconduct due to drug abuse. On 2 February 1989, you received
nonjudicial punishment (NTP) for wrongful use of a controlled
substance, cocaine. You elected to consult with legal counsel
and subsequently requested an administrative discharge board
(ADB). On 22 May 1989, an ADB unanimously found that you had
committed misconduct and recommended that you be discharged under
other than honorable (OTH) conditions. On 9 June 1989, you
received NUP for unauthorized absence from your appointed place
of duty and making a false official statement. Subsequently, on
13 June 1989, your commanding officer concurred with the ADB and
forwarded your case to the discharge authority for review. On 9
July 1989, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 11 July 1989, you
again received NJP for wrongful use of a controlled substance.
On 18 July 1989 you received the OTH discharge and were assigned
an RE-4 reenlistment code.
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.
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,
\ donk “
W. DEAN PF
Executive D or
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