DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 09171-09
28 June 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 3 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 16 April 1990, and served without
disciplinary incident until 26 October 1991, when you received
nonjudicial punishment (NJP) for an unauthorized absence,
disrespect, and failure to obey a lawful order. Shortly
thereafter, you received the following disciplinary actions: on
20 March 1992, you received NUP for the illegal use of a
controlled substance (marijuana); and on 3 June 1992, you were
convicted at a special court-martial for the illegal use of a
controlled substance (marijuana). You were then recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You exercised your right to consult with counsel,
but waived your right to an administrative discharge board (ADB).
The separation authority approved the recommendation and on 8
October 1992, you were separated for drug abuse with an OTH
discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and medical condition. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse.
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,
\Dien
W. DEAN PF F
Executive D r
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