DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1t S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR-
Docket No: 7281-13
18 August 2014
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 12 August 2014. 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 ali
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 19 June 1989 after almost four
years of prior satisfactory service. You continued to serve
without disciplinary incident until 13 October 1989, when you
received nonjudicial punishment (NJP) for an unspecified period
of unauthorized absence (UA) and being drunk on duty. Shortly
thereafter, on 9 December 1989, you received NUP for another
period of UA.
On 25 July 1995 you received your third NUP for wrongful use of
cocaine. As a result, you were notified of administrative
separation by reason of misconduct due to drug abuse. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 31 August 1995,
an ADB recommended separation under other than honorable
conditions by reason of misconduct due to drug abuse. On 6
September 1995, your commanding officer, in concurrence with the
ADB, also recommended discharge under other than honorable
conditions by reason of misconduct due to drug abuse. On 15
September 1995, the discharge authority approved these
recommendations and directed discharge under other than honorable
conditions by reason of misconduct, and on 18 October 1995, you
were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your repetitive misconduct which resulted in three
NJPs and included drug abuse. 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.
es.
-_—
ROBERT D. -eer ALMAN
Acting Executive Director
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