DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01674-10
26 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 21 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
imjUusbice.
You entered on active duty in the Navy on 27 January 1986, and
served without disciplinary incident until 25 January 1991, when
you received nonjudicial punishment (NJP) for the use of an
illegal substance (cocaine). In addition, you received a health
evaluation in which you self-admitted to the use of marijuana,
but denied the use of cocaine. You were recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You waived your rights to seek counsel and request
an administrative discharge board (ADB). The separation
authority approved the recommendation and on 11 March 1991, you
were separated with an OTH discharge and an RE-4 (not recommended
for retention) reenlistment code due to misconduct (drug abuse-
use).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you did not use cocaine. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge due to your drug abuse. The
Board noted that you waived your 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
sgresumption of regularity attaches to all official records.
“Consequently, when applying for a correction of an official naval
recogd, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
WY Nesp
W. DEAN PF
Executive tor
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