DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 07163-13
11 September 2014
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 10 September 2014. 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 reenlisted in the Navy on 13 January 1989, after serving
over seven years of prior honorable service. On 27 January
1989, you received nonjudicial punishment (NJP) for wrongful use
of marijuana. On 19 July 1989, you provided a urine sample
which tested positive for the wrongful use of cocaine for which
no disciplinary action was taken. On 19 July 1985, you were
convicted by a special court-martial (SPCM) of being in an
unauthorized absence (UA) status on three occasions totaling 32
days. You were sentenced to reduction in pay grade and ,
confinement for three months. You were advised that your
commanding officer was recommending you for administrative
separation. You elected to have your case heard by an
administrative discharge board (ADB). On 26 September 1989,
your case was heard and the ADB determined that you had
committed misconduct that warranted administrative separation
under other than. honorable conditions (UOTHC). Your commanding
officer concurred with the ADB. The discharge authority
approved the recommendation and directed a discharge UOTHC. On
5 December 1989, you were so discharged and assigned an RE-4
(ineligible for reenlistment) reenlistment code.
The Board, in its review of your application, considered all
potentially mitigating factors present in your case, such as
your prior honorable service. Nevertheless, the Board found
those factors insufficient to warrant changing the
characterization of your service, given your record of an NJP
for drug abuse, positive urinalysis and a conviction by a SPCM.
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,
ROBERT J. O'NETLL
Executive Director
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