DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 475-11
26 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 25 October 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 29 November 1985 at age 19 and began.
a period of active duty on 4 February 1986. Your served without
disciplinary incident until 9 October 1987, when you received
nonjudicial punishment (NUP) for a 68 day period of unauthorized
absence (UA). Shortly thereafter, on 23 October 1987, you |
received NIP for wrongful use of. marijuana.
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to drug abuse. After waiving
your procedural right to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
9 November 1987, 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 an other than honorable discharge by reason of misconduct,
and on 20 November 1987, you were 5o 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 lengthy period of UA and drug related misconduct which
resulted in two NUPs. Further, 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 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,
Executive Diretbor
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