DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 3262-11
23 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 18 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 9 May 1985 at age 18 and began a
period of active duty. You served for about six months without
disciplinary incident. However, during the period from 1
November 1985 to 23 July 1987 you received nonjudicial punishment
(NJP) on four occasions for wrongful possession of drug
paraphernalia, two specifications of wrongful use of marijuana,
drunk and disorderly conduct, two specifications of disobedience,
missing the movement of your ship, and two periods of
unauthorized absence (UA) totalling 36 days.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities and a drug abuse.
After waiving your procedural rights to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), on 16 August 1987, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities, a pattern of
misconduct, and drug abuse. The discharge authority approved
this recommendation and directed separation under other than
honorable conditions by reason of misconduct and on 28 August
1987, 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. It also considered your
personal statement and other documentation provided in support of
your request. Neverthéless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which resulted in four NUPs. Finally, no discharge
is automatically upgraded and/or changed due solely to the
passage of time or an individual's good post service conduct.
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,
pean
W. DEAN PFRIF
Executive t or
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