DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7616-09
22 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 20 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 4 February 1985. You received nonjudicial
punishment (NUJP) on four occasions for two specifications of
unauthorized absence totaling nine days, missing ship’s
movement, two specifications of failure to obey an order or
regulation, robbery, and two specifications of wrongful use and
possession of a controlled substance. After your first NUP,
you were counseled and warned that further misconduct could
result in administrative separation. You were notified of
pending administrative separation processing for an other than
honorable (OTH) discharge for misconduct (drug abuse - use).
You waived all of your procedural rights, including your right
to an administrative discharge board (ADB). On 31 January
1986, you received an OTH discharge for misconduct (drug abuse
—- use), and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
problems with drug and alcohol addiction. However, the Board
concluded that your OTH discharge should not be changed due to
your four NUJP’s for serious misconduct. The Board found that
you committed further misconduct even after being counseled
regarding the adverse consequences. The Board noted that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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;
\9§ )
W. DEAN BFE
Executive Dir ie
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