DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Pi ae
Siti Ee
BJG
Docket No: 5442-09
15 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 14 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 10 September 1979. On 25 January 1980, you
were granted a pre-service drug abuse waiver. You received
nonjudicial punishment (NUJP) on two occasions for two
specifications of disrespect, two specifications of wrongful
possession and use of marijuana, being drunk and disorderly,
unauthorized absence, failure to go to your appointed place of
duty, and five specifications of willfully disobeying lawful
orders. After your first NUP, you were counseled regarding
your frequent misconduct and drug abuse, and warned that
further misconduct could result in administrative separation.
You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct {drug abuse). You waived all of your procedural
rights, including your right to an administrative discharge
board (ADB). On 28 February 1986, you received the OTH
discharge for misconduct (drug abuse), 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
character letters. However, the Board concluded that your OTH
discharge should not be changed because of your repeated
misconduct, which continued even after you were counseled and
warned that further misconduct could result in administrative
separation. The Board noted 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,
la Gea
W. DEAN PPETE
Executive Di
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