DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC: 20370-5100 REC
Docket No: 00269-0609
5 November 2009
This is in reference to. your. application for correction of your
naval record pursuant toe 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 21 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 reenlisted in the Navy and began a second period of active
duty on 15 August 1989, at age 17. You served without incident
until 1 August 1991, when you received nonjudicial punishment
(NUP) for wrongful use of a controlled substance.
On 7 August 1991, administrative discharge action was initiated
to separate you by reason of misconduct due to drug abuse. You
waived your rights to consult counsel, submit a statement or have
your case heard by an administrative discharge board (ADB).
On 23 August 1991, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. On
20 September 1991, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
You were so discharged on 25 September 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your misconduct that resulted in an
NJP for illegal use of a controlled substance. Finally, the
Board noted that you waived the 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 Beard.
In.this regard, it is important to keep in mind that a pee
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, \
Aaa aaa aaa maa i
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