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NAVY | BCNR | CY2009 | 03492-09
Original file (03492-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN :
Docket No: 3492-09
20 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 “n 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 6 February 1986, and served without
disciplinary incident until 14 August 1986, when you were self-
referred to the Drug and Alcohol Program Advisor (DAPA) for
admitted drug use. Therefore, on 18 August, 1986, you were
recommended for separation with an honorable discharge. You
waived all of your procedural rights, to include your right to an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 27 August 1986, you were
separated with an honorable discharge and an RE-4 reenlistment
code due to drug abuse. :

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 a change in your reason for separation
due to drug abuse. The Board also found you waived your right to
an ADB, your best opportunity for retention. 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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