DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON Dc 20370-5100 REC
Docket No: 01933-10
18 November 2010
This is in reference to your
naval record pursuant to the
States Code, section 1552.
application for correction of your
provisions of title 10 of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice .
You enlisted in the Navy on 17 June 1981, and began a period of
active duty on 13 October 1981. On 10 June 1983, you received
nonjudicial punishment (NJP) for the wrongful use of a controlled
substance (cocaine). On 15 December 1983, you received NJP for
three incidents of disobeying a lawful order, and being
intoxicated on duty. On 10 February 1984, you provided a urine
sample which tested positive for cocaine during a urinalysis
surveillance program and you failed both the Navy Alcohol and
Drug Safety Action Program and the Counseling and Assistance
Center Program. On 13 March 1984, you received NJP for two
incidents of being in a unauthorized absence (UA) status. On
3 April 1984, administrative separation action was initiated by |
reason of frequent misconduct. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On 9 April
1984, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of three NUP'’s for
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
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
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,
Executive Dj
ae
a
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