DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
TAL
Docket No: 6055-09
29 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 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 April 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
material submitted in support thereof, your naval record, and
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
8 January 1986 at age 20. On 20 October 1986 you received
nonjudicial punishment (NIP) for unauthorized absence (UA) from
your unit and failure to obey a lawful written regulation. On 29
February 1988, you received NOP for wrongful use of cocaine. On
29 March 1988, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 29 March
4988 the ADB voted unanimously that you were guiity of misconduct
due to drug abuse and recommended by two to one that you be
retained in the naval service. On 12 April 1988 your commanding
officer recommended discharge under other than honorable (OTH)
conditions by reason of misconduct due to drug abuse. On 7 July
1988 the discharge authority directed your commanding officer to
issue you an OTH discharge by reason of misconduct due to drug
abuse, and on 20 July 1988, you were sO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. It also considered your
assertion that your discharge was inequitable because it was
based on one isolated incident. Nevertheless, the Board —
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug-related misconduct and blatant disregard for the
Navy’s policies and regulations regarding drug abuse.
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,
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