DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9294-08
16 duly 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 Cede, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 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 ali 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 16 February 1984. You received nonjudicial
punishment on 28 March 1986 for wrongful use of marijuana. On
3 April 1986, you were notified that your commanding officer
was recommending you for administrative separation processing
with an other than honorable (OTH) discharge for misconduct due
to drug abuse (use). You waived your right to an
administrative discharge board (ADB). The separation authority
approved your commanding officer’s recommendation. On
3 May 1986, you received the OTH discharge for misconduct due
to drug abuse (use), and an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and post
service good conduct. Nevertheless, the Board concluded that
‘these factors were not sufficient to warrant changing your OTH
discharge because of your drug abuse. The Board noted that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
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