DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 8725-08
10 June 2009
This is in reference to your application for correction of your
. Maval 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 10 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 and health records,
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 2 February 1982. You received nonjudicial
punishment on two occasions for wrongful use of marijuana and
cocaine, and two specifications of absence from your appointed
place of duty. On 29 January 1986, you were counseled and
warned that further misconduct could result in a less than
honorable discharge. On 14 February 1986, your urinalysis
tested positive for marijuana use. On 21 March 1986, you were
notified of pending administrative separation processing for
misconduct - drug abuse (use). You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 4 April 1986, you received an other
than honorable discharge for misconduct - drug abuse (use), and
were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, character
letters, and current need for better employment. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the
seriousness of your misconduct. The Board noted you waived
your right to an ADB, your best opportunity for retention or a
better characterization of your discharge. 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,
\oow
W. DEAN PHEI
Executive Qi or
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