DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 2613-11
9 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 7 December 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 reenlisted in the Navy on 5 December 1985 after more than
four years of prior honorable service. On 31 December 1986, you
were convicted by summary court-martial (SCM) of wrongful use of
cocaine and disobeying a lawful order. You were notified of
administrative discharge processing due to misconduct (drug
abuse). You elected to have your case heard by an administrative
discharge board (ADB). On 13 August 1987, an ADB unanimously
found that you had committed misconduct and recommended that you
be retained. On 18 November 1987, the separation authority
approved the recommendation and you were retained in the naval
service. On 7 November 1989, you received nonjudicial punishment
(NIP) for wrongful use of cocaine. You were again notified of
pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, including your right to an
ADB. On 5 February 1990, you received the OTH discharge for
misconduct (drug abuse).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given the seriousness of your misconduct that resulted
in a SCM, NUP and repeated drug use. The Board noted you waived
the right to a second 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,
Veen
W. DEAN PFEIRKF
Executive Dixactio
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