DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3723-10
14 January 2011
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 12 January 2011. 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
7 October 1986 at age 18. On 11 August 1988, you received
nonjudicial punishment (NUP) 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 September
1988, the separation authority directed an OTH discharge by
reason of misconduct (drug abuse). On 20 September 1988 you were
so discharged and 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 concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Further, an RE-4 reenlistment code must be assigned to all
Sailors discharged due to misconduct. Finally, the Board found
that you waived the right to an ADB, your best opportunity for
retention or a better characterization
your application has been denied. The
members of the panel will be furnished
It is regretted that the circumstances
favorable action cannot be taken. You
of service. Accordingly,
names and votes of the
upon request.
of your case are such that
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 fttaches to all official records.
Consequently, when applyi g fpr a correction of an official naval
record, the burden is on the fapplicant
to demonstrate the
existende of probable material error or injustice.
f
Sincerely,
Wea SA
W. DEAN PFET
Executive Di ae x
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