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NAVY | BCNR | CY2008 | 09396-08
Original file (09396-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY _

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,

SUN
Docket No: 09396-08
7 August 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 4 August 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 record, and applicable statutes, regulations,

and policies.

after careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or

injustice.

You enlisted in.the Navy and began a period of active duty on

141 October 1988 at age 19. During the period from 11 May 1990 to
4 June 1991, you received three nonjudicial punishments (NUJP’s)
for assault consummated by a battery, a brief period of
unauthorized absence, and drug use.

On 7 June 1991, administrative discharge action was initiated to
separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB) .

On 2 July 1991, your commanding officer forwarded his.
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On

11 July 1991, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 15 July 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in
three NUP’s, one of which was for drug use. Further, the Board

noted that you waived the right to an ADB, your best opportunity

for retention or a better characterization of service.
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,

Lo Nasantef

W. DEAN PRET E
Executive Bi tor

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