DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12595-09
31 August 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 18 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 on 3 July 1990, and served without
disciplinary incident until 1 August 1991, when you received
nonjudicial punishment 9NJP) for three specifications of failing
to obey a lawful order, disobedience, and destruction of
government property. Shortly thereafter, on 24 December 1991,
you were convicted at a summary court-martial (SCM) of an
unauthorized absence and two specifications of the use of an
illegal substance (cocaine). In December 1991, you were
evaluated by a medical health professional and deemed alcohol
dependent and drug abusive. However, you declined treatment.
You were recommended for separation with an other than honorable
discharge (OTH) due to drug abuse. You waived your right to
consult with counsel and request an administrative discharge
board (ADB). The separation authority approved the
recommendation and on 5 February 1992, you were separated for
drug abuse with 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. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your drug abuse as well as your other acts of misconduct.
The Board found that you waived your 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,
eau |
W. DEAN PFI
Executive Di or
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