DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 754-11
326 October 201i
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.
BR 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 15 September 1960 at age 20. You
served for about a year and four months without disciplinary
incident, however, during the period from 29 January to 23
October 1962 you received nonjudicial punishment on three
occasions and were convicted by summary court-martial (SCM) on
two occasions. Your offenses were failure to obey a lawful
order, two periods of unauthorized absence (UA) totalling 13
days, being drunk on duty, and disobedience. On 14 August 1963
you received your Fourth NIP for failure to obey a lawful order,
assault, and an unspecified offense.
On 2 October 1964, at the expiration of your enlistment, you were
discharged under honorable conditions. In this regard, character
of service is based, in part, on conduct and proficiency averages
which are computed from marks assigned during periodic
evaluations. Your conduct average was 2.68. An average of 3.0
in conduct was required at the time of your separation for a
fully honorable characterization of service.
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 the characterization of your
general discharge. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness of your repetitive
misconduct, which resulted in four NUPs, two SCMs, and since your
conduct average was insufficiently high to warrant a fully
honorable characterization of service. Finally, Sailors with an
extensive record of misconduct, such as yours, normally receive
discharges under other than honorable conditions, and as such the
Board noted that you were fortunate to receive a general
characterization of service. 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
exiatence of probable material error or injustice.
Sincerely,
Executive D2
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 13595-10
18 October 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 15 September 2011. 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 entered active duty in the Navy on 18 September 1985, and
served without disciplinary incident until 18 August 1987, when
you received nonjudical punishment (NUP) for the illegal use of a
controlled substance (cocaine). Shortly thereafter, you received
a medical evaluation where you admitted to using cocaine.
Therefore, you were recommended for separation with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, to include your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation. On 22 September 1987, you were
separated with an OTH discharge and an RE-4 reenlistment code due
to misconduct (drug abuse).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and post service conduct. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse. The
Board noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
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,
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