DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3756-10
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
9 February 1988 at age 26. On 26 January 1984, you received
nonjudicial punishment (NUP) for wrongful use of a controlled
substance, cocaine. On 3 May 1988, you were notified that
administrative discharge action was initiated to separate you by
reason of misconduct due to drug abuse. You elected to consult
with legal counsel and subsequently requested an administrative
discharge board (ADB). On 28 May 1988, an ADB unanimously found
that you had committed misconduct and recommended that you be
discharged under other than honorable (OTH) conditions due to
drug abuse. On 13 June 1988, the separation authority directed
an OTH discharge by reason of misconduct due to drug abuse. On
22 June 1988 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.
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
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 probabldé material error or injustice.
f
. .
: f Sincerely,
t r
; f
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