DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9025-08
2 July 2009
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 1 July 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 3 June 1987. On 20 January 1989, you had
- nonjudicial punishment (NJP) for wrongful use of cocaine. On
4 October 1991, you reenlisted for six years. You received NJP
on three more occasions for two instances of unauthorized
absence totaling approximately 28 days, and two more
specifications of the wrongful use of cocaine. On
2 February 1993, you were notified of pending administrative
separation processing for an other than honorable (OTH)
discharge for misconduct (drug abuse). You waived your right
to an administrative discharge board (ABD). On 4 March 1993,
the separation authority approved the OTH discharge for
misconduct (drug abuse), and an RE-4 reenlistment code. You
were so discharged on 5 April 1993.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, current
desire to serve your country in the military, and character
' reference letters. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your OTH
discharge or reenlistment code 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,
\oNas
W. DEAN PFEITEKF
Executive D ct
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