DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 04820-10
28 February 2011
This ig 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 23 February 2011. 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.
On 31 January 1989, you reenlisted in the Navy after serving over
three years of honorable service. The Board found that you
received nonjudicial punishment for two days of unauthorized
absence (UA), three instances of failure to go to your appointed
place of duty, and disobedience. You were counseled and warned
that further misconduct could result in administrative discharge
action. On 16 December 1991, you were convicted by summary
court-martial (SCM) of wrongful use of cocaine, and two days of
UA. Subsequently, administrative discharge action was initiated
by reason of misconduct due to drug abuse. 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 conditions by reason of misconduct. The discharge
authority concurred and directed an other than honorable
discharge by reason of misconduct due to drug abuse. On
7 February 1992, you were so discharged.
as pe
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your NJP, conviction by SCM of drug abuse, and
the fact that you were warned of the consequences of further
misconduct. Finally, the Board noted that you waived the right
to an ADB, your; best chance for retention or a better
characterization GE service. Accordingly, your application has
been deniedy 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 or
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