DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00176-10
18 October 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 13 October 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
12 April 1983. You served without incident for over three years
until 27 October 1986, when you received nonjudicial punishment
(NTP) for wrongful possession and use of cocaine. You were
awarded a forfeiture of pay and a reduction in paygrade.
Subsequently, administrative discharge action was initiated to
Separate you by reason of misconduct due to drug abuse. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 11 December 1986, the
ADB unanimously recommended separation with a general discharge
by reason of misconduct due to drug abuse. Your commanding
officer concurred with the ADB’s findings and forwarded his
recommendation that you receive a general discharge. On
31 January 1987, the discharge authority directed a general
discharge by reason of misconduct due to drug abuse. On
6 February 1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the NJP involving drugs. The Board also noted that
you were fortunate to receive a general discharge since a
discharge under other than honorable conditions is often directed
when an individual is discharged for misconduct. 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,
ee
« ‘
W. D
EAN PFEIL
Executive Dik
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