DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 8744-08
17 June 2009
Dear ie
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 17 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 medical 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 26 September 1979. You received
nonjudicial punishment on two occasions for wrongful use of
marijuana and cocaine. On 18 October 1983, you were notified
of pending administrative separation processing for an other
than honorable (OTH) discharge for misconduct due to drug
abuse. You waived all of your rights. On 9 November 1983, you
—received an adverse performance evaluation. On
17 November 1983, you received the OTH discharge for misconduct
. Gue to drug. abuse...
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, family
problems, and remorse. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your OTH discharge because of your drug abuse. 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,
Lud
W. DEAN PF
Executive D tor
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