DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
TAL
Docket No: 4323-11
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 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 9 September 1989 after more than
18 years of prior honorable service. On 13 January 1989, you
tested positive for amphetamine/methamphetamine during a command
urinalysis and were placed on urinary surveillance twice a week
for four weeks. On 22 November 1989, you received nonjudicial
punishment (NJP) for unauthorized absence (UA) from your unit
for a period of five days. On 30 November 1989, you were the
subject of a preliminary inquiry to investigate your conduct as
a senior noncommissioned officer. It was stated in part that you
demonstrated a complete lack of integrity by receiving NUP as a
gunnery sergeant for impeding an investigation by your
commanding officer involving filling a urine sample bottle with
water. On 30 November 1989, you were notified that
administrative discharge action was initiated to separate you by
reason of misconduct due to drug abuse. You elected to consult
with legal counsel and subsequently requested an administrative
discharge board (ADB). On 10 January 1990, an ADB unanimously
found that you had committed misconduct and recommended that you
be discharged under other than honorable (OTH) conditions due to
drug abuse. On 14 March 1990, the separation authority
concurred with the ADB and forwarded his recommendation to the
Secretary of the Navy, who concurred as well. On 14 May 1990,
the Commandant of the Marine Corps approved and directed an OTH
discharge by reason of misconduct due to drug abuse. On-22 May
1990 you were so discharged. .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct. 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 ali 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 sr IF .
Executive Dir
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