DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1251-10
14 October 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 5 October 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. You entered active duty in the Navy on 28
March 1983. You received nonjudicial punishment on two
occasions for wrongful use of marijuana (two specifications)
and unauthorized absence (two specifications totaling 26 days).
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 - use). You
waived all of your procedural rights, including your right to
an administrative discharge board (ADB). On 6 January 1987,
you received an OTH discharge due to misconduct (drug abuse =
use), 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, desire
to upgrade your discharge, and allegation that you have never
used drugs. However, the Board concluded that your discharge
should not be changed due to your drug abuse and misconduct.
The Board found that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due solely to the passage of time or post service
oo@ conduct. ‘You are further advised that there is evidence
. your tecdid'that is contrary to your allegation. In view of
he 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,
W. DEAN a
Executive \Wifector
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