DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
TAL
Docket No: 13077-09
30 August 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 25 August 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
4 June 1985 at age 21. On 12 May 1987, you received nonjudiciai
punishment (NJP) for disorderly conduct. On 21 November 1988,
you received NIP for wrongful use of a controlled substance.
Prior to your first NJP, you were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. On 2 September 1992, you were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). You waived all of your procedural rights, including your
right to an administrative discharge board {ADB). On 2 March
1989, you received NJP for unauthorized absence (UA) from your
unit and failure to obey a lawful order. On 11 April 1989, the
separation authority directed an OTH discharge by reason of
misconduct (drug abuse). On 21 April 1989, you again received
NJP for UA from your unit and failure to obey a lawful order. On
24 April 1989 you received the OTH.
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 four NUPs. Finally, the Board found 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,
When
W. DEAN PFET
Executive Di
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