DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6168-09
30 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 28 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.
The Board found you had honorable service in the Navy from
2 January 1986 to 15 November 1989. You reenlisted in the Navy
and began a period of active duty on 15 November 1989 at age 25.
On 11 July 1990, you received nonjudicial punishment (NUP) for
unauthorized absence from your appointed place of duty and
disobeying a lawful order. On 2 October 1991, you received NUP
for wrongful use of cocaine. On 3 October 1991, 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). Subsequently, your
commanding officer forwarded his recommendation for discharge
under other than honorable (OTH) conditions for misconduct due to
drug abuse. The separation authority directed an OTH discharge
by reason of misconduct due to drug abuse. On 22 November 1991
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 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.
The Board also noted that as a result of you prior honorable
service you may be eligible for veterans’ benefits. You should
contact the nearest office of the Department of Veterans Affairs
if you desire clarification about your eligibility for those
benefits.
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,
ys
r
Executive |Digectior
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