DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 02062-11
2 December 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 29 November 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.
On 10 May 1988, you reenlisted in the Navy after serving over
three years of prior honorable service. The Board found that you
received nonjudicial punishment (NUP) for wrongful use of cocaine
and failure to go to your appointed place of duty. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug use. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. On 18 March 1989, the
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to drug use. You were so discharged on
31 March 1989.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board concluded these
Factors were not sufficient to warrant recharacterization of your
discharge given your NUP for drug use. Finally, the Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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 Dikettpr
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