DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4210-11
10 February 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 7 February 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 8 August 1988 at age 24 and began a
period of active duty. You served without disciplinary incident
until 25 February 1992, when you received nonjudicial punishment
(NUP) for wrongful use of cocaine and a four day period of
unauthorized absence (UA). The punishment imposed was a $1,002
forfeiture of pay, restriction and extra duty for 60 days, and
reduction to paygrade E-3.
Subsequently, you were notified of pending administrative
Separation action by reason of misconduct due to drug abuse.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB). On 24 April
1992 an ADB recommended separation under other than honorable
conditions by reason of misconduct due to drug abuse. On 19 May
1992 your commanding officer, in concurrence with the ADB, also
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 16 June 1992 the
discharge authority approved these recommendations and directed
separation under other than honorable conditions by reason of
misconduct and on 3 July 1992 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge so that you may obtain
veterans’ benefits and assertion that your discharge was the
result of an isolated incident. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your drug related
misconduct which was contrary to the Navy’s “zero tolerance”
policy. 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,
NN
W. DEAN P
Executive
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