DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 13266-09
16 September 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 14 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Navy on 27 June 1980, and served honorably until 23
September 1983. However, you did have nonjudicial punishment
(NUP) on two occasions during your first enlistment for the
wrongful use of marijuana and failure to obey a lawful order.
On 24 September 1983, you reenlisted. You received NJP during
your second enlistment for the wrongful use of cocaine. You
were notified that your commanding officer was recommending you
for administrative separation 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 discharge board (ADB). On 16 May 1986, you
received an OTH discharge due to misconduct (drug abuse), and
were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
desire to upgrade your discharge. However, the Board concluded
that your discharge should not be changed due to your drug
abuse. The Board found that you waived your right to an ADB,
your best opportunity for retention or a better
characterization of service. In view of the above, 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;
Lene eal)
W. DEAN PREILFFER
Executive Nb or
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