DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03793-10
20 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 20 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 March 1992. On 16 November 1992, you received nonjudicial
punishment (NJP) for failure to obey a lawful order. On 25 May
1993, you were convicted by a summary court-martial (SCM) of
wrongful use of marijuana. You were sentenced to forfeitures of
$608, reduction in pay grade, and confinement for 30 days.
Administrative separation action was initiated by reason of
misconduct for drug abuse. On 12 June 1993, 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 25 June 1993, 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 12 August 1993, you received the OTH
due to misconduct (drug abuse). At that time you were assigned
an RE-4 reentry code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge, given your record of one NUP and conviction by SCM of
drug abuse and 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
Bodrd 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,
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