DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4244-11
27 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 25 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 reenlisted in the Navy on 22 April 1985 after more than
three years of prior honorable service. On 11 September 1986,
you were convicted in a Japanese court of possession of
Marijuana and sentenced to confinement at hard labor for one
year and two months. The sentence was suspended for three
years. On 20 October 1986, you received nonjudicial punishment
for unauthorized absence (UA) from your unit for a period of 90
days. You were notified of pending administrative discharge
processing due to misconduct (drug abuse). You elected to
consult with legal counsel and subsequently requested an
administrative discharge board (ADB). On 3 November 1986, an
ADB recommended that you be separated with a general discharge
for misconduct due to drug abuse. Subsequently, your commanding
officer concurred with the ADB and forwarded your case to the
discharge authority for review. On 21 January 1987, the
separation authority approved and directed that you receive a
general discharge for misconduct (drug abuse). You were so
discharged on 11 February 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of
your discharge given the seriousness of your misconduct that
resulted in a civil conviction for drug use in Japan, anda
lengthy period of UA. The Board also believed that you were
fortunate to receive a general discharge since a separation
under other than honorable conditions is often directed when a
Sailor is separated for misconduct. Finally, there is no
provision of law or in Navy regulations that allows for
recharacterization of service due solely to the passage of time.
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 > E
Executive Dave r
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