DEPARTMENT OF THE NAVY
- BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03137~-11
17 January 2012
, iy
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 12 January 2012. 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 and began active duty on 24 February
1989. On 28 February 1989, you were briefed on the Navy's zero
tolerance drug policy. On 11 August 1989 and 11 January 1990,
you received nonjudicial punishment (NOP) for fighting and
wrongful use of cocaine. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug abuse.
You elected to consult counsel and have your case heard before
an administrative discharge board (ADB). On 21 February 1990,
the ADB recommended separation with an other than honorable
(OTH) discharge by reason of misconduct due to drug abuse.
Further it recommended that your OTH discharge be suspended for
a period of 12 months. On 5 March 1990, your commanding officer
forwarded your case to the separation authority. He concurred
with the ADB’s findings and recommendation that you be
discharged, but did not concur with suspending your OTH
discharge for 12 months. He recommended that you be immediately
discharged from the Navy. On 18 April 1990, the separation
authority directed an OTH discharge by reason of misconduct due
to drug abuse. You were discharged on 2 May 1990.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your two NUP’s, one of which was for
wrongful use of cocaine, and the fact that you were well aware
of the Navy’s policy toward drug usage. 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,
\pNwad
W. DEAN PFEVF
Executive Directo
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