DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 1485-12
27 November 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions ef Title 10, United
States Code, Section 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 November 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
inj vetice.,
You enlisted in the Navy on 21 dune 1989 and began a period of
active duty on 4 October 1989. About six months later, on 12
April 1990, you received nonjudicial punishment (NUP) for a 17
day period of unauthorized absence (UA). Shortly thereafter, on
ยง June 1990, you received NUP for two specifications of failure
to obey a lawful order, specifically, underage drinking and
wrongful entry, and absence from your appointed place of duty.
On 11 June 1992 you received NUP for wrongful use of marijuana.
Subsequently, you were processed for an administrative separation
action by reason of misconduct due to drug abuse. After waiving
your procedural rights to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
20 July 1990, your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
drug abuse. On 1 August 1992 the discharge authority approved
this recommendation and directed your commanding officer to issue
you an other than honorable discharge by reason of misconduct,
and on 18 September 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 desire to upgrade your discharge and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug and alcohol related
offenses and other misconduct. Finally, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. 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 Li etl eS.
Sincerely,
BRIAN J. GEORGE
Head, Discharge Review Section
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