DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3696-10
9 February 2011
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 8 February 2011. 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 5 August 1991 at age 30 and began a
period of active duty on 7 October 1991. You served without
disciplinary incident until 4 May 1994, when you received
nonjudicial punishment (NIP) for wrongful use of cocaine and two
periods of unauthorized absence (UA) totalling three days. About
four months later, on 22 September 1994, you were convicted by
summary court-martial (SCM) of breaking restriction and two
periods of UA totalling 68 days.
On 8 October 1994 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse and
commission of a serious offense. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). On 21 October 1994 your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to drug abuse
and commission of a serious offense. Subsequently, the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 10 December
1994, you were so discharged.
The Board, in its review of your entire record and application,
earefully weighed all potentially mitigating factors, such as
your period of satisfactory,service, post service conduct, desire
to upgrade your discharge, and the passage of time. It also
considered your character reference letters. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug-related misconduct, and the repeated and lengthy
periods of UA from the Navy. Further, you were given an
opportunity to defend yourself, but waived your procedural FLoht
to present your case to an ADB. Finally, no discharge is
automatically upgraded due solely to the passage of time or an
individual’s good post service conduct. Accordingly, your
application has been denied.
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 PFE
Executive
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