DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00199-09
. 20 October 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 16 October 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 from 1987 to 1991, and received an.
honorable discharge. On 18 January 1991, you reenlisted and
served without disciplinary incident until 1 September 1993, when
you received nonjudicial punishment (NUP) for unauthorized
absence (UA).
Shortly thereafter, you received the following NJP’s: on 13 April
1995, for UA in excess .of 22 days; and on 4 May 1995, for the use
of an illegal substance (cocaine). Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to drug abuse. You waived ali of your procedural
cights, to include your right to an administrative discharge
board (ADB). The separation authority approved the request and
on 1 June 2005, 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 also found 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,
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