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NAVY | BCNR | CY2009 | 01815-09
Original file (01815-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 1815-093
17 November 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 12 November 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
te establish the existence of probable material error or
injustice.

You enlisted in the Navy on 3 January 1990, and served without
disciplinary incident until 7 May 1991, when you received
nonjudicial punishment for the illegal use of a controlled
substance (marijuana}. Therefore, you were recommended for
separation with an other than honorable (OTH) discharge due to -
drug abuse. You waived all of your procedural rights, to include
your right to an administrative discharge board (ADB). The
separation authority approved the request and on 3 June 1991, 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. . 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
your application has been denied. The
members of the panel will be furnished

It is regretted that the circumstances
favorable action cannot be taken. You

of service. Accordingly,
names and votes of the
upon request.

of your case are such that
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,

WW WaG,,’
W. DEAN DE
Executive Dirac

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