DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100 REC
Docket No: 11533-09
5 August 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 4 August 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 reenlisted in the Navy on 27 June 1986. On 23 March 1988,
you received nonjudicial punishment (NJP) for wrongful use of
cocaine. On 23 March 1988, administrative separation action was
initiated by reason of misconduct for drug abuse. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct for drug abuse. On
14 July 1988, you were so discharged. At that time you were
assigned an RE-4 reenlistment code.
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 found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of one NJP for drug abuse.
The Board noted that you waived your rights to an ADB, your best
opportunity for retention or a more favorable 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.
Board reconsider its decision upon
y attaches to all official records.
pplying for a correction of an StTicial Ravel
den is on the applicant to demonstrate the
obable material error or injustice.
Consequently, when a
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Bevw,
Sincerely,
W. DEAN PFELTREE
Executive Dineéc
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