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NAVY | BCNR | CY2009 | 06714-09
Original file (06714-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 06714-09
15 March 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 3 March 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 20 May 1983, and served without
disciplinary incident until 6 February 1985, when you were
convicted in civil court for driving under the influence of
alcohol. On 1 January 1986, you received drug and alcohol
rehabilitation treatment for six weeks; however, you failed to
complete the program. In addition, you self-admitted to drug use
(marijuana). Therefore, on 13 August 1986, you were recommended
For administrative separation with a general discharge due to
your misconduct and rehabilitation failure. You exercised your
right to request an administrative discharge board (ADB). The
ADB voted to separate you due to your misconduct with a general
discharge. The separation authority approved the recommendation
and on 9 October 1986, you were separated with a general
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 and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to the seriousness of
your misconduct. 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,

Wen

W. DEAN PFEI
Executive Dix

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