DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6732-10
22 April 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 19 April 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
iMate.
You enlisted in the Navy on 14 August 1984 at age 19 and began a
period of active duty on 12 December 1984. You served without
disciplinary incident until 11 July 1985, when you received
nonjudicial punishment (NUP) for two specifications of assault.
The punishment imposed was reduction to paygrade E-1 and a $310
forfeiture of pay, which was suspended for six months.
On 8 April 1987 you received NUP for two periods of absence from
your appointed place of duty and two specifications of failure to
obey a lawful order by refusing to provide transportation for a
superior officer and duplicating a Plan of the Day document.
About eight months later, on 21 December 1987, you received your
third NJP for wrongful use of cocaine, failure to go to your
appointed place of duty, and failure to obey a lawful order by
leaving an office while being questioned by a superior officer.
On 23 December 1987 you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. At
that time you waived your right to consult with legal counsel and
to present your case to an administrative discharge board (ADB).
On 28 December 1987 you were medically evaluated and although you
were found to abuse cocaine, you were not dependent on it. You
were directed to attend narcotics anonymous meetings on a weekly
basis and to seek further assistance or evaluations as needed.
On 5 January 1988 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. Subsequently, the discharge authority approved
this recommendation and directed your commanding officer to issue
you am oehér Char honorable discharge by reason of misconduct due
t@edriig abuse, ‘arid gn 15 January 1988, you were so discharged.
Eh mine ts review of your entire record and application,
Caretully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion that
you were not afforded an opportunity to seek help for your drug
abuse. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in three NUPs and included wrongful use of drugs.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, there is evidence in the record that is contrary to your
assertion that you were not afforded an opportunity to obtain
assistance for your drug abuse. 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,
F R'
Executive rector
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