DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 4199-10
19 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 19 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 30 November 1983 after more than
three years of honorable service. You received nonjudicial
punishment on four occasions for wrongful use of marijuana
(three specifications), and failure to go to your appointed
place of duty. You were notified that your commanding officer
was recommending you for administrative separation with an
under conditions other than honorable (OTH) discharge due to
misconduct (drug abuse - use). You waived all your procedural
rights, including your right to an administrative discharge
board (ADB). On 30 November 1984, you received an under
conditions OTH discharge due to misconduct (drug abuse - use),
and were assigned an RE-4 (not recommended for retention)
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, remorse, and current medical problems.
However, the Board concluded that your discharge should not be
changed due to your drug-related misconduct. The Board found
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that: no discharge is upgraded automatically due solely
to the passage ofy time or post service good conduct. In view
of the above, 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 aii effieial
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,
\ Grae Seb
W. DEAN PF
Executive recto
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