DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL .
Docket No: 10658-09
23 July 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 14 July 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. —
You enlisted in the Navy and began a period of active duty on
13 May 1986 at age 20. On 31 March 1988, you received
nonjudicial punishment (NUP) for two instances of unauthorized
absence (UA) from your unit. On 25 June 1988, you received NUP
for three instances of UA from your unit and disobeying a lawful
written order. On 22 September 1988, you received NJP for UA
from your unit for a period of six days, disobeying a lawful
written regulation and wrongful use of a controlled substance
(cocaine). On 7 April 1989, you were convicted by summary court ~
Martial (SCM) for UA from your unit for a period of 41 days,
missing ship's movement, wrongful use of cocaine, and five
instances of failure to go to your appointed place of duty.
After each NUP you were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. On 15 April 1989, you were notified that
administrative discharge action was initiated to separate you by
reason of misconduct due to drug abuse and misconduct due to a
pattern of misconduct. You elected to consult with legal counsel
and subsequently requested an administrative discharge board
(ADB). On 15 April 1989, an ADB unanimously found that you had
committed misconduct and recommended that you be discharged under
other than honorable {OTH) conditions due to drug abuse. On 20
July 1989, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 2 August 1989 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 that
resulted in three NUPs, one SCM and periods of UA totaling 47
days. 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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