DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No: 04543-11
21 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 15 February 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 had prior honorable service in the Navy from 1979 to 1981.
You reenlisted in the Navy on 7 December 1981, and served without
disciplinary incident until 5 May 1983, when you were convicted
at a special court-martial (SPCM) of three specifications of
unauthorized absence (UA) totaling 75 days; on 16 November 1983,
you received nonjudicial punishment (NJP) for assault; and on 28
January 1988, you received NJP for the illegal use of a
controlled substance (cocaine). Therefore, you were recommended
for separation with an other than honorable (OTH) discharge due
to misconduct (drug abuse). You waived all of your procedural
rights, to include your right to an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 18 February 1988, you were separated with
an OTH discharge and an RE-4 reenlistment code due to misconduct
(drug abuse).
The Board, in its review of your entire record and 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 due to your misconduct (drug abuse). Moreover,
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
Ly \vope
W. DEAN PFELFF
Executive Dive
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