DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 9598-09
22 July 2010
Dear mrp
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 20 July 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 enlisted in the Navy on 25 November 1987 at age 18 and began
a period of active duty on 23 February 1988. You served without
disciplinary incident until 4 January 1989, when you were
convicted by special court-martial (SPCM) of two periods of
unauthorized absence (UA) totalling 92 days. On 16 October 1989
you received nonjudicial punishment (NUP) for dereliction of
duty, two specifications of wrongful possession of hashish, and
four specifications of wrongful use of hashish. On 18 October
1989 you were notified of pending administrative separation
action by reason of misconduct due to drug abuse. At that time
you waived your procedural rights to legal counsel and an
administrative discharge board (ADB). On 31 October 1989 you
received NIP for two periods of failure to go to your appointed
place of duty. Nonetheless, your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. The discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct due to drug abuse,
and on 7 December 1989 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and remove all
references regarding drug abuse from your record. It also
considered the news media report provided in support of your
case. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or
removal of derogatory material from your record because of the
seriousness of your repetitive misconduct which resulted in two
NJPs and a court-martial conviction. Finally, you were given an
opportunity to defend your actions, but waived your procedural
right to present your case to an ADB. 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,
1
W. DEAN PF
Executive Davetrio
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