DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3745-10
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
17 May 1983 at age 21. You were convicted by summary court-
martial of distribution of lysergic acid diethylamide (LSD) and
sentenced to 30 days confinement and forfeiture of pay. On 19
March 1985, 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 11 April 1985, you received the OTH discharge for
misconduct (drug abuse), 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, character
letters 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 that resulted in a SCM. Additionally, 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
me.
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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 gts decision upon submission of new and material
evidence or othed! matter not previously considered by the Board.
In this regard# it is important to keep in mind that a
_ presumption of regularfty attaches to all official records.
Consequently, wen applying for a correction of an official naval
record, the burfen is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Executive Dixec
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