DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUJG
Docket No: 1806-10
3 November 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions ef title 10 =f 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 2 November 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 10
August 1988. You received nonjudicial punishment for wrongful
use of cocaine. You were notified that your commanding officer
was recommending you for administrative separation with an
under conditions other than honorable (OTH) discharge due to
misconduct. You waived your procedural rights, including your
right to an administrative discharge board (ADB). On 31 August
1994, you received an under conditions OTH discharge due to
misconduct, and were assigned an RE-4 (not recommended for
retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
to upgrade your discharge, and post service good conduct.
However, the Board concluded that your discharge should not be
changed due to your drug abuse. The Board found that you
waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
to the passage of time or post service good conduct. 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.
ty; ;
im 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 efficial
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,
ON
W. DEAN PFEIFFE
Executive Dirtecthr
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