DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 11689-10
25 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 23 August 201i. 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 14 March 1990 at age 19 and began a
period of active duty on 25 July 1990. You served without
disciplinary incident until 30 June 1992, when you received .
nonjudicial punishment (NJP) for conspiracy, wrongful use of
Marijuana, and intent to defraud the government by falsely
obtaining long distance calling services. The punishment imposed
was restriction and extra duty for 45 days, reduction to paygrade
E-1, and a $784 forfeiture of pay.
Subsequentiy, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense.
After waiving your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), on 3 July 1992, your commanding officer recommended
separation under other than honorable conditions by reason of
misconduct. On 14 July 1992 the discharge authority directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct due to commission of a serious
offense, and on 22 September 1992, 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, post service conduct, and desire to upgrade your
discharge so that you may obtain mental and physical health
assistance. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
an NIP and included drug abuse. Finally, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Accordingly, your application
has been denied.
It ig 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 Wound
W. DEAN PFEI
Executive Diteéc
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