DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2559-10
16 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 16 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 15
June 1988. You received nonjudicial punishment on two
occasions for unauthorized absence (two specifications totaling
32 days) and the wrongful use of a controlled substance. 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 (drug abuse -
use). You waived all your procedural rights, including your
right to an administrative discharge board (ADB). On 19
October 1989, you received an under conditions OTH discharge
due to misconduct (drug abuse - use), and were assigned an RE-4
(not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
psychiatric problems. However, the Board concluded that your
discharge should not be changed due to your unauthorized
absence and 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. The Board noted that you
-were found to be fully aware of your actions and it was
‘recommended that you be held accountable for them in your
military psychiatric evaluation. 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.
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,
W. DEAN Ss
Executive eato
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