DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
" WASHINGTON DG 20370-5100
BAN
Docket No: 10705-08
31 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 27 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 in October 1985, and served without
disciplinary incident until 16 October 1987, when you received
nonjudicial punishment for unauthorized absence (four —
specifications) and illegal use of a controlled substance
(cocaine). In addition, you self-admitted to use of
methamphetamines and lysergic acid diethylamide (LSD).
Therefore, on 4 November 1987, you were recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You waived all of your procedural rights, to include
your right to an administrative discharge board (ADB). On 11
November 1987, the separation authority approved the request and
on 25 November 1987, you were separated with an OTH discharge and
an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. The Board noted you waived your 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,
W. DEAN PF
Executive Di
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