DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03515-11
27 January 2012
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 24 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 a period of active duty on
16 May 1989. The Board found that you received nonjudicial
punishments (NJP) for unauthorized absence. You were also
convicted by. special court-martial (SPCM) of wrongful use of
cocaine and three specifications of assault. You were sentenced
to confinement at hard labor, a forfeiture of pay, anda
reduction in paygrade. Subsequently, administrative discharge
action was initiated by reason of misconduct. due to commission
of a serious offense. 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. The discharge
authority concurred and directed an OTH discharge by reason of
misconduct due to commission of a serious offense. You were so
discharged on 8 February 1991.
The Board, in its review of your application, carefully weighed’
all potentially mitigating factors, such as your youth, record
of service, post service accomplishments, and contention the
assault charges were racially motivated. Nevertheless, the
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge given your NUP
and conviction by $PCM of very serious offenses, one of which
involved the wrongful use of cocaine. Additionally, the Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Concerning
your contention of racism, there is no evidence in the record to
support it, and you submitted no such evidence. 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,
W. DEAN PFE
Executive Dianegto
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