DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5106
TAL
Docket No: 12218-09
20 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 11 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 enlisted in the Navy and began a period of active duty on
21 February 1984 at age 22. On 3 July 1985, you received
nonjudicial punishment (NJP) for wrongful use of marijuana. You
were counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On
26 September 1985, your commanding officer was notified that you
tested positive for marijuana during a unit urinalysis sweep.
On 9 October 1985, you were notified of pending administrative
discharge processing 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
Gischarge board (ADB). On 21 December 1985, the separation
authority directed an OTH discharge by reason of misconduct due
to drug abuse. On 23 December 1985, you began a 16 day period of
unauthorized absence (UA) from your unit until you surrendered on
7 January 1986. On 15 January 1986, you were again UA from your
unit for a period of 174 days until you surrendered on 9 July
1986. On 10 July 1986 you received the OTH discharge due to
misconduct (drug abuse), and were assigned an RE-4 (not
recommended for retention) reenlistment code.
The Board, in its review of your application, carefully weighed
ali 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 that
included drug abuse and UA from your unit for over six months.
Finally, the Board found that you waived the right to an ADB,
your best opportunity for retention or a better 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. 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,
\p Deeetl
Executive Di
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