DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1582-10
12 November 2010
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 9 November 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 24 August 1983 at age 19. You served
without disciplinary incident until 8 June 1984, when you
received nonjudicial punishment (NJP) for a one day period of
unauthorized absence (UA). Shortly thereafter, you were
recommended, by a medical board, for an administrative separation
due to being diagnosed with a severe mixed personality disorder
and cocaine abuse, both of which existed prior to your
enlistment.
On 29 January 1985 you were convicted by special court-martial
(SPCM) of a 50 day period of UA. You were sentenced to
restriction for 60 days and reduction to paygrade E-2.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse and commission of a
serious offense. After waiving your procedural rights, the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
26 March 1985, 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 and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in an NUP and a SPCM; and
included drug abuse and your failure to disclose this abuse prior
to your enlistment in the Navy. Further, you were given an
gpportunity to defend yourself, but waived your procedural right
#a.presentiyour case to an administrative discharge board.
@eccordingly, your application has been denied.
_It is regretted that the circumstances of your case are such that
mefavorable 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,
‘on i
W. DEAN FE
Executive clo
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