oo UDEPARTMENT.OF THE NAVY...
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 1647-14/
983-06
18 September 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 16 September 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 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 were commissioned in the Navy as an ensign on 21 December
1979. You served without disciplinary infraction until June
1983, when you were the suspected of the wrongful use of illegal
drugs. Nonetheless, on 14 June 1983, you were recommended for
retention instead of being administratively processed for
separation due to drug abuse.
In accordance with a pre-trial Admiral’s Mast agreement for
wrongfully possessing classified material in your residence,
privately owned vehicle; brief case, and the bachelor officers’
quarters, on 26 October 1989, you submitted a letter of
resignation in which you. requested discharge under honorable
conditions. On 6 December 1989 you received nonjudicial
punishment (NIP) for three specifications of improper control,
authorization, and safeguarding (e.g., possession and handling)
of classified material during the period from 1985 to 1989.
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On 13 March 1990 the Assistant Secretary of the Navy (Manpower
and Reserve Affairs) approved your request for resignation and
directed separation under honorable conditions by reason of
misconduct due to commission of a serious offense, and on 3 April
1990, you received a general discharge.
The Board, in its review of your record and application with its
supporting documentation, carefully weighed all potentially
mitigating factors, such as your post service conduct, character
reference letters, and desire to recharacterize your general
discharge and cljange your narrative reason for separation. It
also considered’ the fongressional and Senatorial interest in your
case. Neverthéless, the Board concluded these factors were not
sufficient to tarfant recharacterization of your discharge or a
change of your’ farrative reason for separation because of the
seriousness of your misconduct as a commissioned officer.
Accordingly, your application has been denied.
4
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/ NEILL
Executive Director
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