DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 01204-10
9 November 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 9 November 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 insufficLent
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 12 July 1987. On 7 December 1988,
you received nonjudicial punishment (NUP) for the wrongful use of
Cocaine. On 30 December 1988, you received NUP again for the
wrongful use of cocaine. On 13 February 1989, 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 (drug use). However, on
1 March 1989, you received NUP for being in an unauthorized
absence (UA) status of one day. The discharge authority directed
an other than honorable discharge by reason of misconduct for
drug abuse. After being informed that your were being
administratively separated, you continued with your misconduct,
and you received your fourth NUP for the wrongful use of cocaine.
On 27 March 1989, you received the under other than honorable
(OTH) conditions discharge due to misconduct (drug abuse). At
that time you were assigned an appropriate RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge, given your record of four NJP’s for drug abuse and
misconduct. The Board noted that you waived your rights to an
ADB, your best opportunity for retention or a more favorable
haracterization of service. Accordingly, your application has
Mien,.denied.. The names and votes of the members of the panel
ll be furnishgd upon request.
ra is regretted that the circumstances of your case are such that
Wavorable 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
W
. DEAN PF
Executive ~
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