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NAVY | BCNR | CY2008 | 11549-08
Original file (11549-08.pdf) Auto-classification: Denied
OOO AEP MENT OF Pork MACS ¢
BOARD FO CORRECTION OF NAVAL RECORDS
, 2 NAVY ASNEX
WASHINGTON DG 20370-5100
CRS
Dockek No: 11549-08
5. October 2008

 

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 30 September 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations ard 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Navy on 18 October 1988.

On 27 February 1991 you received nonjudicial punishment for the
use of cocaine.

On 19 March 1991 an administrative discharge board (ADB)
recommended that you be separated from the Navy with a discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. The ADB was unanimous in, its decision that you
had committed misconduct due to drug abuse but noted one
dissenting vote on the issue of characterization of your service |
as under other than honorable conditions. After review by the
discharge authority, the recommendation for separation was
approved and on 17 April 1991 you were separated with a discharge
under other than honorable conditions by reason of misconduct.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, as well as the contention that there was a 2 to 1 vote
of the ADB. The Board concluded that the mitigating factors
present in your case are insufficient to warrant
recharacterization of your discharge, given your involvement with
unlawful drugs. Furthermore, the ADB was unanimous in its
decision that you-had committed misconduct. 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,

LsQua§

W. DEAN PFE
Executive Di

   
  
 

Sh

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