DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
TOR
Docket No: 1157-11
8 November 2011
. 7 i ‘ neha,
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 1 November 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 26 October 1986 at age 19 and began a
period of active duty on 19 February 1987. Shortly thereafter,
on 23 April 1987, you received nonjudicial punishment (NUP) for
attempting to bring alcohol into your work area, absence from
your appointed place of duty, and failure to obey a lawful order.
About a year later, on 14 April 1988, you received NJP for
disrespect, drunk and disorderly conduct, and communicating a
threat. You received your third NUP on 26 October 1988 for
absence from your appointed place of duty and missing the
movement of your ship.
On 23 May 1989 you received NUP for wrongful possession and use
of cocaine. As a result, on 28 June 1989, you were notified of
pending administrative separation by reason of misconduct due to
drug abuse.’ After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
7 August 1989 you received NJP for absence from your appointed
place of duty. An ABD convened on 18 August 1989 and recommended
separation under other than honorable conditions by reason of
misconduct due to drug abuse. About a month later, on 9
September 1989, you received your sixth NUP for absence from your
appointed place of duty. Your commanding officer, in concurrence
with the ADB, recommended discharge under other than honorable
conditions by reason of misconduct. On 13 November 1989, while
awaiting a decision from the discharge authority, you began a
period of unauthorized absence (UA) that was not terminated until
10 January 1990. Although you were declared a deserter during
this 58 day period of UA, the record does not reflect the
disciplinary action taken, if any, for this misconduct.
Subsequently, the discharge authority approved the foregoing
recommendations and directed your commanding officer to discharge
you under other than honorable conditions by reason of misconduct
due to drug abuse, and on 30 January 1990, 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 repetitive misconduct which resulted in six NUJPs and
included drug abuse. 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 Muang
W. DEAN PFRI
Executive RBirettor
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