DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 2220-10
17 November 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of 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 10 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 and began a period of active duty on
14 August 1986 at age 18. You received nonjudicial punishment
(NJP) on two occasions for wrongful use of marijuana. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). You waived all of your procedural rights, including your
right to an administrative discharge board (ADB). On 9 July
1989, the separation authority directed an OTH discharge by
reason of misconduct (drug abuse). On 14 July 1989 you were so
discharged.
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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted you waived the right to an ADB, your best opportunity
for retention or a better characterization of service. Finally,
no discharge is automatically upgraded due to passage of time or
an individual’s good behavior after discharge. 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
‘“spresumption 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
sexistence of prebable material error or injustice.
Sincerely,
Ls Doon
W. DEAN PFE
Executive Diredgt
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