DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1229-11
28 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 26 October 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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.
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
1 April 1985 at age 18. Based on the information currently
contained in your record it shows that you were under
investigation by the Navy Investigative Service (NIS}). On
16 August 1989, your specimen taken during a command urinalysis
tested positive for a controlled substance. On 1 September 1989,
you were required to take a probable cause urinalysis which
tested positive for cocaine. Although the separation
documentation is not in your record, it clearly reflects that on
27 August 1990, after appellate review you received a bad conduct
discharge (BCD).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge. Finally, there is no provision of law of in
Navy regulations that allows for recharacterization of service
due solely to the passage of time. 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,
Wyant
W. DEAN PFEIRNRE
Executive Dirett
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