DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 03234-10
3 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 27 July 2010. Your allegations of error and
injustice wére 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.
Aftet careful and conscientious consideration of the entire
record, the Board found the evidence submitted was jnsufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
10 September 1981. The Board found that you received two
nonjudicial punishments (NJP’s) for wrongful use of marijuana and
cocaine, unauthorized absence (UA), and disobedience. You were
also convicted by special court-martial (SPCM) of four
specifications of UA totaling 66 days and wrongful use of
cocaine. Additionally, you were convicted by civil authorities
of driving under the influence of alcohol. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to commission of a serious offense, drug use, and
a pattern of misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The discharge
authority concurred and directed an OTH discharge by reason of
misconduct. On 15 March 1988, you were 60 discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and present medical condition. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJP's, one of
which was for drug use, conviction by civil authorities, and SPCM
for periods of UA totaling over two months and further drug use.
The Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
gervice. 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,
W. DEAN P
Executive Di
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