DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10074-0393
25 dune 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 23 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 and began a period of active duty on
14 October 1981 at age 29. On 26 January 1984, you received
-nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit. On 4 March 1987, you again received NUP for wrongful
use of cocaine. You were notified that administrative discharge
action was initiated to separate you by reason of misconduct due
to drug abuse. You elected to consult with legal counsel and
subsequently requested an administrative discharge board (ADB).
On 4 June 1987, an ADB unanimously found that you had committed
misconduct and recommended that you be discharged under other
than honorable (OTH) conditions due to drug abuse. On 17 July
1987, the separation authority directed an OTH discharge by
reason of misconduct due to drug abuse. On 28 July 1987 you were
so discharged. . :
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
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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