DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 4684-11
17 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 14 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 11 June 1984 at age 18 and began a
period of active duty. About six months later, on 7 January
1985, you admitted to using lysergic acid diethylamide (LSD) and
were subsequently directed to undergo a medical evaluation. On
12 February 1985 you were treated for bulimia and admitted drug
and alcohol abuse. You were diagnosed with a personality
disorder with mixed type histrionic and narcissistic features,
and recommended for an administrative separation because it was
determined that you would most likely continue to abuse yourself.
You served for a year and one month without disciplinary
incident, however, on 17 and 24 July 1985, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty, failure to go to your appointed place of duty, and
failure to obey a lawful order. Shortly thereafter, on 7 August
1985, you received NUP for three periods of failure to go to your
appointed place of duty, failure to obey a lawful order, and
larceny.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct and
frequent involvement of a discreditable nature with military
authorities. After waiving your procedural rights, your
commanding officer recommended discharge under other than
honorable conditions. On 16 August 1985 the discharge authority
approved this recommendation and directed discharge under other
than honorable conditions by reason of misconduct, and on 30
August 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in three NJPs and
included drug abuse. Finally, you were given an opportunity to
defend yourself but waived your procedural right to legal counsel
and to present your case to an administrative discharge board.
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,
Ww. Lene
Executive Dyreyvo
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