DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 2655-08
24 November 2008
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 29 October 2008. 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 enlisted in the Navy Reserve on 4
February 1987. You received two nonjudicial punishment for use
of marijuana, dereliction of duty, and breach of the peace.
On 7 June 1990 an administrative discharge board recommended that
you be separated from the Navy with a general discharge by reason
of misconduct due to drug abuse. After review by the discharge
authority, the recommendation for separation was approved, and
you received a general discharge on 26 August 1990.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your belief that the
discharge was unfair and your contention that you were not
offered drug rehabilitation. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 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,
Executive Da
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