DEPARTMENT OF THE NAVY
BCARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11357-10.
11 August 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 9 August 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 reenlisted in the Navy on 26 March 1984 after nearly three
years of prior honorable service. You continued to serve for
about two years and four months without disciplinary incident,
however, during the period from 11 July to i3 November 1986, you
received nonjudicial punishment (NJP) on two occasions for two
specifications of dereliction of duty and absence from your
appointed place of duty. On 12 August 1987 and again on 27
August 1988 you received NUP for absence from your appointed
piace of duty and unspecified offenses.
On 23 dune 1989 you received your fifth NUP for a five day period
of unauthorized absence (UA), missing the movement of your ship,
and wrongful use of cocaine and marijuana. The punishment
imposed was restriction and extra duty for 45 days, reduction to
paygrade E-4, and a $1,082 forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct and drug
abuse. After waiving your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board {ADB), on 26 June 1989 your commanding officer
recommended separation under other than honorable conditions by
reason of misconduct due to a pattern of misconduct and drug
abuse. This recommendation stated, in part, that you were a
disruptive influence, performed below minimum standards, did not
show interest in completing your term of service, and your drug
abuse adversely affected combat readiness. The discharge
authority approved the foregoing recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 6 July 1989, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct, period of satisfactory service,
desire to upgrade your discharge, and the passage of time. It
also considered your assertion of emotional and personal
problems. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your frequent and repetitive
misconduct which resulted in five NJPs and included drug abuse.
Further, you were given an opportunity to defend yourself, but
waived your procedural right to present your case to an ADB.
Finally, there is no evidence in the record, and you submitted
none, to support your assertions. 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,
Leen?
W. DEAN PFE
Executive Dive r
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