DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01701-10
25 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
injustice.
You had prior service in the Navy from 1979 to 1981 and received
an honorable discharge. You reenlisted on 16 October 1981, and
served without disciplinary incident until 9 June 1982, when you
received nonjudicial punishment (NIP) for the use of an illegal
substance (hashish). In addition, on 14 December 1983, you
received another NUP for the illegal use of a controlled
substance (marijuana). Therefore, you were recommended for
separation with an other than honorable (OTH) discharge due to
drug abuse. You waived your right to seek counsel and request an
administrative discharge board (ADB). The separation authority
approved the recommendation and on 6 Febuary 1984, 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. 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
vidence or other matter not previously considered by the Board.
Wn this regard, it is important to keep in mind that a
resumption 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 PF
Executive
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