DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08170-09
27 May 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 26 May 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 and began a period of active duty on
23 August 1985, at age 18. On 20 August 1985, you admitted to
prior illegal marijuana use on your in processing physical and
acknowledged the Navy’s zero tolerance policy for drug use.
However, upon your arrival at Recruit Training Command, Orlando,
Florida, you tested positive in a urinalysis for cocaine. On
30 April 1986, you received nonjudicial punishment for being in
an unauthorized absence (UA) status for 37 days. On 6 May 1986,
you tested positive in a urinalysis for marijuana. On 28 May
1986, administrative separation action was initiated by reason of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
@irected an other than honorable discharge by reason of
Misconduct. On 18 August 1986, you were so discharged. At that
time you were assigned an RE-4 reenlistment code. .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
' overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of one NJP
and other misconduct. In this regard, an RE-4 reenlistment code
is required when an individual is discharged prior to the
expiration of his term of active obligated service for misconduct
and is not recommended for retention. The Board also noted that
you waived the 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 i8 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, —
RD ne
ROBERT D. ADLMAN
Acting Executive Director
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