DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
REC
WASHINGTON DG 20370-5100
Docket No: 02485-10
27 December 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.
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 December 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 apphication, 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 reenlisted in the Navy on 4 January 1988, after serving
honorably from 24 September 1981. On 4 February 1988, you
received nonjudicial punishment (NOP) for the wrongful use of a
controlled substance (marijuana). On 9 March 1988, you received
a drug and alcohol evaluation, in which you admitted to consuming
approximately one 12 pack of beer daily. You were recommended
for Level III Inpatient Treatment. Administrative discharge
action was initiated by reason of misconduct (drug abuse). On
21 March 1988, your case was heard by an administrative discharge
board (ADB), which voted three to zero in favor of an other than
honorable (OTH) discharge due to misconduct (drug abuse). On
7 April 1988, you received your second NUP for wrongful use of a
controlled substance (marijuana). On 8 April 1988, your
commanding officer concurred with the ADB's finding and
recommended that you be discharged under other than honorable
conditions by reason of misconduct (drug abuse). On 11 May 1988,
you received the OTH due to misconduct (drug abuse). 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, conduct
and performance, overall record of service, and prior honorable
service. Nevertheless, the Board found that these factors were
not sufficient to warrant changing the reason or characterization
of your discharge, given your record of two NJP’s, and the fact
that you were counseled and warned of the consequences of further
misconduct, and still committed another offense. Accordingly,
,your application has heen denied. The names and votes of the
g members of the panel will be furnished upon request.
Fe ah out 3
f. 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,
Wane 7
W. DEAN
Executive an or
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