DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 3991-09
2 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section i552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 March 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 24 March 1986 at age 18 and began a
period of active duty on 6 June 1986. You served for about six
months without disciplinary incident, however, on 6 and 20
January 1987 you received nonjudicial punishment (NUP) for three
specifications of failure to obey a lawful order.
On 8 November 1988 you received NUP for wrongful use of marijuana
and were awarded a $670 forfeiture of pay, restriction and extra
duty for 45 days, and reduction to paygrade E-1. Shortly
thereafter, on 16 November 1988, you were notified of pending
administrative separation action by reason of misconduct due to
drug abuse. At that time you waived your right, to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 23 November 1988 your commanding
officer recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 5
January 1989 the discharge authority approved this recommendation
and directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 10 January 1989, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertions that
the offenses for which you received NUP did not apply to you and
were unjust. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repeated misconduct
which resulted in three NJPs and included drug abuse. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Finally, there
is documented evidence in the record that is contrary to your
assertions. Accordingly, your application has been denied.
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 PF
Executive oO
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