DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR ;
Docket No: 3179-11
17 January 2012
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 12 January 2012. 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 27 duly 1989 at age 19 and began a
period of active duty. You served without disciplinary
infraction until 7 May 1990, when you began a three day period of
unauthorized absence (UA) that was not terminated until 10 May
1990. The record does not reflect the disciplinary action taken,
if any, for this misconduct. Shortly thereafter, on 27 June
1990, you received nonjudicial punishment (NUP) for a 13 day
period of UA.
During the period from 13 February to 19 March 1991 you were ina
UA status for 25 days. However, the record does not reflect the
disciplinary action taken, if any, for this misconduct. On 25
March 1991 you received NUP for wrongful possession and use of
marijuana. Shortly thereafter, you were processed for an
administrative separation by reason of misconduct due to drug
abuse. After waiving your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB), your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to drug abuse. The discharge authority approved
this recommendation and directed separation under honorable
conditions by reason of misconduct due to drug abuse. On 23 May
1991 you were so discharged and assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade the
characterization of your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct, which resulted in two NUPs, and included drug
abuse. Finally, the Board noted that you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. 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,
Wyden
W. DEAN PF
Executive raeector
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