DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04076-10
12 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 6 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 entered active duty in the Navy on 7 January 1986, and served
without disciplinary incident until 7 May 1987, when you received
nonjudicial punishment for illegal use of a controlled substance
(cocaine). Therefore, you were recommended for separation with
an other than honorable (OTH) discharge due to drug abuse. You
exercised your right to consult with counsel and requested an
administrative discharge board (ADB). The ADB voted to separate
you due to misconduct, and recommended an OTH discharge. The
separation authority approved the recommendation and on 22
December 1987, you were separated with an OTH discharge and an
RE-4 (not recommended for retention) reenlistment code due to
misconduct (drug abuse).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
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not sufficient to warrant recharacterization of your discharge
due to your drug abuse. 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 buyden is on the applicant to demonstrate the
, existence of probable material error or injustice.
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Sincerely,
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