DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 8804-09
16 June 20610
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 15 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 1 May 1987 after nearly four years
of prior honorable service. You continued to serve without
disciplinary incident until 27 July 1988, when you received
nonjudicial punishment (NUP) for wrongful use of marijuana. The
punishment imposed was reduction to paygrade E-1, restriction and
extra duty for 45 days, and a $200 forfeiture of pay.
Subsequently, you were notified of pending administrative -
separation action by reason of misconduct due to drug abuse.
Although you waived your right to legal counsel and to present
your case to an administrative discharge board (ADB), you did,
however, submit a statement explaining the reason for confessing
to using marijuana. On 28 July 1988 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 31 August 1988 the
discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct, and on 1 September 1988, 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, post service conduct, and desire to
upgrade your discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your drug related
misconduct. Further, you were given an opportunity to defend
yourself and possibly receive a better characterization of
service, but waived your procedural right to an ADB. Finally, no
discharge is automatically upgraded due solely to the passage of
time or an individual’s good post service conduct. 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 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 PF
Executive
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