DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9149-09
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 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 13 October 1981. You received four
nonjudicial punishments for unauthorized absence (three
specifications totaling 11 days), wrongful possession and use
of marijuana, absence from your appointed place of duty, and
being intoxicated on duty. On 11 July 1984, you were notified
that your commanding officer was recommending you for
administrative separation with an other than honorable (OTH)
discharge due to misconduct (drug abuse). You waived all of
your procedural rights, including your right to an
administrative discharge board {ADB). On 3 August 1984, you
received an OTH discharge due to misconduct (drug abuse), 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, post
service good conduct, and belief that your discharge would be
upgraded after six months. However, the Board concluded that
your OTH discharge should not be changed due to your serious
drug-related misconduct. The Board found you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that there is no
provision of law or in naval regulations which require that
discharges be upgraded due merely to the passage of time. 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,
L Wend
W. DEAN P R
Executive ctor
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