DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 2899-09
25 January 2010
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 13 January 2010. 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 initially served in the Navy from 1983 to 1986, and received
an honorable discharge. You reenlisted in the Navy on 1 October
1986, and served without disciplinary incident until 1 May 1987,
when you received nonjudicial punishment (NJP) for the illegal
use of a controlled substance (cocaine) and an unauthorized
absence. Shortly thereafter, you received the following NUP’s:
on 22 May 1987, for driving under the influence of alcohol; on 13
_ January 1989, for the illegal use of a controlled substance.
(amphetamines and methamphetamines) . Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to drug abuse, and you exercised your right to
request an administrative discharge board (ADB). The ADB voted
to separate you due to drug abuse. The separation authority
approved the ADB’s recommendation and on 30 May 1989, 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 your drug abuse. 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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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2010. 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. On 9 November 1990, administrative discharge action was initiated to separate you by reason of misconduct due to drug abuse.
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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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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. On 2 November 1989, the separation authority directed an OTH discharge by reason of misconduct due to drug abuse.
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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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...