DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 3130-09
25 January 2010
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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 enlisted in the Navy on 22 August 1983, and served without
disciplinary incident until 9 April 1984, when you received
nonjudicial punishment (NJP) for the illegal use of a controlled.
substance (marijuana). Additionally, on 26 June 1985, you
received another NUP for the wrongful use of a controlled
substance. Therefore, you were recommended for separation with
an other than honorable (OTH) discharge due to drug abuse.
However, you exercised your right to consult with counsel, but
you ultimately waived your procedural right to an administrative
discharge board (ADB). Therefore, on 5 October 1985, the
separation authority approved the request and on 4 December 1985,
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 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,
W) Vouk
W. DEAN
taccubtwe coe
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