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NAVY | BCNR | CY2010 | 01658-10
Original file (01658-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

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Docket No: 1658-10
27 October 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 26 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 5
February 1991. You received nonjudicial punishment on two
occasions for an unauthorized, wrongful use of cocaine, and
disobeying a lawful order. You were notified of pending
administrative separation processing with an other than
honorable (OTH) discharge due to misconduct. You elected to
have your case heard by an administrative discharge board (ADB)
that found you had committed misconduct, and recommended an OTH
discharge. Your commanding officer concurred with the ADB’s
finding and recommendation. You were so discharged on 8 March
1994, and 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,
remorse, post service good conduct, and character reference
letters. However, the Board concluded that your discharge
should not be changed due to your misconduct which included
drug abuse. 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 meet ten the circumstances of your case are such
that favorable aétion “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. DE
Executive D

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