DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ayn
Docket No: 12885-09
23 September 2010
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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 21 September 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 17 May 1982 after serving over
three years of honorable service. The Board found that you
received two nonjudicial punishments (NJP’s) for wrongful use of
cocaine, six days of unauthorized absence, and breaking
restriction. Subsequently, you were notified of pending
administrative separation action by reason of unsuitability. You
were afforded all of your procedural rights including the
opportunity to submit a statement on your behalf. You elected to
consult counsel and have your case heard before an administrative
discharge board (ADB). On 28 July 1983, the ADB unanimously
recommended that you be separated with an other than honorable
discharge by reason of misconduct due to drug abuse. Your
commanding officer concurred with the ADB's findings and
recommendation that you be discharged. On 22 September 1983, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to drug abuse. On 29 September 1983 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, overall
record of service, and desire to change your RE-4 reenlistment
code. Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service or RE-4 reenlistment code given your drug use. In this
regard, you were assigned the appropriate reenlistment code based
on your circumstances. 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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