DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIOR
Docket No: 5452-11
8 March 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 6 March 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 again enlisted in the Navy on 23 December 1987 in the Delayed
Entry Program (DEP) at age 26 and began a period of active duty
on 11 January 1988. You served without disciplinary incident
until 7 May 1992, when you received nonjudicial punishment (NJP)
for wrongful use of cocaine. The punishment imposed with
restriction and extra duty for 45 days, a $521 forfeiture of pay,
and reduction to paygrade E-3.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to drug abuse. After waiving your
procedural rights, on 19 June 1992, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to drug abuse. On 29 June 1992 the
discharge authority approved this recommendation and directed
discharge under other than honorable conditions by reason of
misconduct due to drug abuse, and on 16 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 prior satisfactory service 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 drug related misconduct which
resulted in NUP and was contrary to the Navy’s “zero tolerance”
policy. Further, 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,
\wQron
W. DEAN RF R
Executive \D tor
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