DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6050-09
29 April 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 21 April 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 January 1989 at age 19. On 14 February 1989, you were advised
that you were identified through urinalysis to be a drug abuser
and that a second drug abuse incident would result in immediate
processing for separation from the naval service.
On 27 July 1989, you received nonjudicial punishment (NUP) for
assault and failure to obey a lawful order. On 18 January 1990
you received: NJP for two instances of wrongful use and possession
of marijuana, and wrongfully introducing marijuana on board a
naval vessel. On 29 January 1990, administrative discharge
action was initiated by reason of misconduct due to commission of
a serious offense. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). On 6 February 1990, your commanding
officer forwarded his recommendation that you be discharged under
other than honorable (OTH) conditions by reason of misconduct.
On 21 February 1990, the separation authority directed an OTH
discharge by reason of misconduct due to commission of a serious
offense, and 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 Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted you were counseled and warned concerning the
consequences of further misconduct, Finally, the Board noted
that you waived the right to an ADB, your best chance 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 ER
Executive ector
2
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