DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4203-09
8 March 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, consideréd your
application on 24 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
21 January 1991 at age 19. On 22 November 1991, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your appointed place of duty. At that time you were counseled
and warned that further misconduct could result in administrative
discharge action. On 17 September 1992, you received NUP for.
drunk and disorderly conduct. On 3 September 1993, you received
NIP for the wrongful use of a controlled substance. On 16
September 1993, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB). On
22 September 1993, your commanding officer forwarded his
recommendation for discharge under other than honorable (OTH)
conditions for misconduct due to drug abuse. On 3 November 1993,
the separation authority directed an OTH discharge by reason of
misconduct due to drug abuse. Based on the information currently
contained in your record it appears that in December 1993, you
were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service and the character letters accompanying your
application. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct. Finally, the
Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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 EF
Executive D oO
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