DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TOR
Docket No: 9004-09
8 July 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 7 July 2010. The names and votes of the members
of the panel will be furnished upon request. 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 reenlisted in the Navy on 10 April 1990 after about 12 years
of prior honorable service. You continued to serve without
disciplinary incident until 18 May 1993, when you received
nonjudicial punishment (NIP) for wrongful use of a controlied
substance. As a result, and in accordance with the Navy's zero
tolerance policy, you were administratively processed for
separation by reason of misconduct due to drug abuse. It appears
that after waiving your procedural right to consult with legal
counsel and to present your case to an administrative discharge
board (ADB), the discharge authority directed your commanding
officer to issue you an other than honorable discharge by reason
of misconduct due to drug abuse, and on 7 October 1993, you were
so discharged. However, in June 2008, the Naval Discharge Review
Board (NDRB) changed the characterization of your service to
general under honorable conditions. Nevertheless, your narrative ,
reason for separation remained as misconduct due to drug abuse.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and desire to
change your reenlistment code and expunge your naval record of
references to drug abuse. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case
because of the serious nature of your drug related misconduct
which resulted in an NUP. Further, the Board noted that you were
properly separated and that the NDRB recharacterized your service
to general under honorable conditions. As such, the Board
concluded that you were fortunate to receive a general discharge.
Further, in accordance with Navy regulations, Sailors discharged
by reason of misconduct must receive an RE-4 reenlistment code.
Finally, there is no supportive evidence in the record, and you
submitted none, to warrant expungement of drug abuse from your
naval record. Accordingly, your application has been denied.
Tt 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,
Ldearpa)
W. DEAN PF
Executive Ditedtor
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