DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6551-09
3 June 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 2 June 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 reenlisted in the Navy on 27 November 1989 and continued to
serve without disciplinary incident until 9 March 1992, when you
received nonjudicial punishment (NJP) for wrongful use of
cocaine. The punishment imposed was a $1,042 forfeiture of pay,
extra duty for 45 days, and reduction to paygrade E-3.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse.
Bfter consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 30 July 1992
an ADB recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. Shortly
thereafter, your commanding officer, in concurrence with the ADB,
also recommended discharge under other than honorable conditions
by reason of misconduct due to drug abuse. On 7 October 1992
the discharge authority approved these recommendations and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to drug abuse,
and on 16 October 1992, you were SO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, desire to upgrade your discharge,
and assertion of language, ethnic, and personal problems.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct.
Finally, there is no evidence in the record, and you submitted
none, to support your assertion. 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 efficial 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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