DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 06340-10
4 April 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
Records, sitting in executive session, considered your
application on 29 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
in jiwetiee:.
You reenlisted in the Navy on 11 February 1986 after two years of
honorable service. The Board found that you were the subject of
a Naval Criminal Investigation Service (NCIS) polygraph
examination that stated, in part, that in the opinion of the
examiner, you were not truthful in your responses to questions
asked. However, you admitted to knowingly using cocaine while at
a party, but did not provide specific details surrounding your
use. Subsequently, on 29 February 1988, your received nonjudicial
punishment for wrongful use of cocaine and nine days of
unauthorized absence. You received a reduction in paygrade, a
forfeiture of pay, restriction, and extra duty. On 17 March
1988, administrative discharge action was initiated by reason of
misconduct due to drug use. You elected to consult counsel and
have your case heard before an administrative discharge board
(ADB). On 7 April 1988, the ADB unanimously recommended
separation with an other than honorable (OTH) discharge by reason
of misconduct due to drug abuse. On 9 May 1988, your commanding
officer concurred with the ADB’s findings and forwarded his
recommendation that you receive an OTH discharge. On 28 June
1988, the discharge authority directed an OTH discharge by reason
of misconduct due to drug abuse. On 27 July 1988 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
ssufficient"to warfant recharacterization of your discharge given
sxyouR*NCIS poFygraph examination results, and NJP for wrongful use
‘of cocaine. ioeobalualy, your application has been denied. The
names and votes of the members of the panel will be furnished
‘upon request. 4.
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,
Lo Rea Reh
W. DEAN PFEIRF
Executive D1
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