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NAVY | BCNR | CY2010 | 01717-10
Original file (01717-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BAN
Docket No: 01717-10
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 enlisted in the Navy on 22 July 1985, and served without
disciplinary incident until 4 November 1988, when you received
nonjudicial punishment for the use of an illegal substance
(cocaine). You were evaluated by a health professional and
deemed not dependent on drugs. Therefore, you were recommended
for separation with an OTH discharge due to drug abuse. You
exercised your right to request an administrative discharge board
(ADB). The ADB found you had committed misconduct (drug abuse-
use) and recommended that you be separated with an other than
honorable (OTH) discharge. The separation authority approved the
recommendation and on 10 March 1989, 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. 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
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,

Lo DenS

W. DEAN P
Executive ctor

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