DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 04861-10
3 March 2011
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
sitting in executive session, considered your
application on 1 March 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:
You enlisted in the Navy and began a period of active duty on
8 October 1985. The Board found that you received three
nonjudicial punishments (IP's) for forgery, larceny, and
wrongful use of cocaine. Subsequently, you were notified of
pending administrative separation action by reason of drug abuse.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 22 February 1989, the
ADB recommended separation with an other than honorable discharge
by reason of misconduct due to drug abuse. Your commanding
officer concurred with the ADB’s findings and forwarded his
from the service. On
22 ApFil 1987, ea directed an other than
honorable discharge by reason ©
You were so discharged on 3 May 1989.
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
given your three NUP’s, one of which was for drug use.
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 Wegularity 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,
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