DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 11592-08
3 September 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 2°’ September 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 that you entered active
duty in the Navy on 9 March 1987. On 18 March 1987, you were
identified as a drug abuser through urinalysis. You were
placed on the urinalysis surveillance program and warned that a
second positive test would result in administrative separation.
On 14 May 1987, you were counseled regarding violating the
Uniform Code of Military Justice, Navy rules and regulations,
being demotivated, having a negative attitude, and improper
conduct and behavior. On 19 May 1987, you were notified of
administrative separation processing for entry level
performance/conduct as evidenced by your failure to adapt to
the naval environment. On 5 June 1987, your received an entry
level separation characterization of service, and were assigned
an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth and the
passage of time. Nevertheless, the Board concluded that these
factors were not sufficient to warrant changing your entry
level separation because of your misconduct and poor
performance. You are advised that an entry level separation
was required for Sailors who were discharged with less than 180
days 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,
Nu
W. DEANS PF
Executive tdr
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