DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: O08671-08
22 June 2009
Dea SamaaaatinaE
Thia 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 4 June 2009. 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 enlisted in the Navy on 5 August 1985, and served without
disciplinary incident until 26 March 1987, when you received
nonjudicial punishment (NOP) for unauthorized absence (UA).
Shortly thereafter, you received the following disciplinary
actions: on 16 April 1987, you received NUP for UA, and on 13
June 1989, you received NgP for UA and illegal drug use. on 20
June 1989, you received a medical evaluation for your positive
urinalysis for amphetamines, and self-admitted use of marijuana,
phencyclidine (PCP), amphetamines, and cocaine.
Therefore, on 20 June 1989, you were recommended for separation
with an other than honorable (OTH) discharge due to your pattern
of misconduct (drug use}. On the same day, the separation
authority approved the recommendation and on 11 July 1989, you
were separated with an OTH discharge and an RE-4 reenlistment
code for your in-service drug involvement.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. Accordingly, 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,
\Qord
W. DEAN PFE
Executive Dil
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