DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100
SUN
Docket No: 08624-09
10 June 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 8 June 20160. 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
31 January 1985. The Board found that you received three
nonjudicial punishments (NJP’s) for two specifications of drug
use and failure to go to your appointed place of duty.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to drug abuse. You waived your rights
to consult counsel, submit a statement or have your case heard by
an administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
conditions by reason of misconduct due to drug abuse. The
discharge authority directed an other than honorable discharge by
reason of misconduct due to drug abuse. On 15 September 1987,
you were so discharged.
The Board, in its review of your application, carefully weighed
ail potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NUP’s, two of which were for drug use. Finally,
the Board noted that you waived the right to an ADB, your best
chance 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,
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