DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
TUR
Docket No: 10995-10
20 July 2011
This ig 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 July 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 September 1984 at age 21 and began
a period of active duty on 13 March 1985. You served without
disciplinary incident until 22 August 1986, when you received
nonjudicial punishment (NJP) for a 16 day period of unauthorized
absence (UA) and missing the movement of your ship.
On 28 April 1987 you received NUP for wrongful use of marijuana
and were awarded reduction to paygrade E-1, restriction and extra
duty for 45 days, and a $638 forfeiture of pay, which was
suspended for six months. Subsequently, you were processed for
an administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural rights, on 8 December 1987,
your commanding officer recommended discharge under other than
‘honorable conditions by reason of misconduct due to drug abuse.
On 12 December 1987 the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct due to drug abuse, and on 30 December
1987, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your drug related misconduct. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an administrative discharge board.
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,
lo Des,
W. DEAN aN
Bxecutive Dire Yr
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