DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 04339-12
20 March 2013
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 19 March 2013. 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 and began a period of active duty on
30 March 1987. The Board found that on 8 April 1987, you were
briefed on the Navy’s policy on drug and alcohol abuse, On
18 September 1987 and 12 March 1988, you received nonjudicial
punishment (NJP) for two instances of wrongful possession and use
of cocaine and unauthorized absence (UA). Additionaily, you were
counseled and warned that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to
drug abuse. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. On 8 April 1988, you received a third NJP for
wrongful possession and use of a controlled substance and
breaking restriction. On 8 May 1988, you began a period of UA
that lasted 369 days, ending on 12 May 1989. On 7 dune 1989, you
were convicted by special court-martial (SPCM) of 369 days of UA
and missing movement through design. You were sentenced to
confinement, a forfeiture of pay, a reduction in paygrade, anda
bad conduct discharge (BCD). You received the BCD on 4 January
1990 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, belief that you should have been
given drug abuse treatment, and desire to upgrade your discharge.
Nevertheless, based on the information currently contained in
your record, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your three NUP‘s, all of which were for wrongful drug use and
period of UA of more than one year. Further, the record shows
that on 8 October 1987, after your first NUP, a drug and alcohol
abuse report states, in part, that you had good potential for
further service and were evaluated as not being dependent on
drugs or alcohol, 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,
‘No Drak
Ww, DEAN Sank
Executive Ditector
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