DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 1280-10
26 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 20 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 24 September 1992 after over two
years of honorable service. On 30 May 1996, you tested positive
for cocaine and marijuana after a command urinalysis. You were
recommended to attend Level I alcohol and drug rehabilitation
treatment. On 21 June 1996, you were in the custody of civil
authorities after your arrest in Mississippi for armed robbery
and aggravated assault. You were notified of pending
administrative discharge processing 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 28 June 1996, you
received the OTH discharge for misconduct (drug abuse), and 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 prior honorable discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct. Finally, the Board found that you waived the
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
Meesumption of regularity attaches to all official records.
Consequently, whén 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,
\aBaad
W. DEAN PF
Executive ~ Oo
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