DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
BJG ;
Docket Ne: 16-09
30 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 30 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 20 October 1986. On 31 Octcber 1986, you
were granted a pre-service drug abuse waiver, and were
counseled and warned that further drug abuse could result in
administrative separation, You received nonjudicial punishment
on five occasions for causing a riot or breach of the peace,
assault, wrongful use or possession of a false military
identification card, making a false official statement,
wrongful use or possession of a controlled substance, five
specifications of unauthorized absence, and wrongful use of
cocaine. On 8 April 1988, you were again counseled and warned
separation. On 2 February 1999, you were notified of pending
administrative separation processing for misconduct with an
other than honorable (OTH) discharge Gue to drug abuse (use).
After being advised of your procedural rights, you waived your
right to an administrative discharge board (ADB). On
17 March 1989, you received the OTH discharge due to misconduct
for drug abuse (use), 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 desire
for veterans’ benefits. Nevertheless, the Board concluded that
these factors were not sufficient to warrant changing your OTH
discharge because of your misconduct and drug abuse. 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 woon 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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