DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
BUG
Docket No: 5419-09
13 April 2010
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 13 April 2010. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 20 January 1983. On 14 February 1983, you
were granted a pre-service drug abuse waiver and warned that
further use could result in administrative separation. You
received nonjudicial punishment on two occasions for
unauthorized abserice, being derelict in the performance of your
duties, and wrongful use of cocaine. On 21 August 1986, you
were notified of pending administrative separation action with
an other than honorable (OTH) discharge for misconduct - drug
abuse (use). You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 17 October 1986, you received the OTH discharge for
misconduct - drug abuse (use), and were assigned an RE-4
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
desire to upgrade your discharge. However, the Board concluded
that your OTH discharge should not be changed due to your
serious misconduct. The Board noted you used cocaine after
being counseled and warned that further drug abuse could result
in administrative separation. The Board found that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. In view of the above, 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,
W. DEAN
Executive
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