DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9361-08
25 dune 2009
Dear @@
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 24 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 you entered active duty on
29 August 1988. On 11 March 1991, you entered an unauthorized
absence (UA) status. On 29 March 1991, you were evaluated as
being overfat. On 14 August 1991, you received nonjudicial
punishment for the use of cocaine. On 16 October 1991, you
_ were notified of pending administrative separation action for
misconduct due to drug abuse. You waived your right to an
administrative discharge board (ADB). On 23 October 1991, you
were in a UA status again. On 27 November 1991, the separation
authority approved your commanding officer’s recommendation of
an other than honorable (OTH) discharge for misconduct due to-
drug abuse, and the assignment of an RE-4 reenlistment code.
On 5 December 1991, your recommendation for advancement was
withdrawn, and you received an adverse performance evaluation.
On 6 December 1991, you received the OTH discharge for
‘misconduct due to drug abuse, and the RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your honorable
service, contention that this was an isolated incident, and
character reference letter. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing your
OTH discharge or reenlistment code because of your drug abuse
and substandard performance. 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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