DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
s! 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11746-08
27 October 2009
; aes
ee
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 15 October 2009. 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 SESEULES 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
7 June 1983, at age 20. On 5 August 1986, you received
nonjudicial punishment. (NUP) for being in an unauthorized absence
(UA) status and wrongful use of another service member’s
identification card. On 10 April 1987, you received NJP for
failure to report to an appointed place of duty and wrongful use
of a controlled substance, cocaine.
On 22 April 1987, 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).
On 22 April 1987, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
30 April 1987, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 6 May 1987.
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 because of your misconduct that resulted.in two
NJP’s which included drug use. Finally, the Board noted 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.
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,
~
| DEAN DF
Executive Dite r
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