DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 04488-10
4 February 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef 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 2 February 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 on 30 May 1985, and began a period of
active duty on 29 June 1985, at age 17. You served honorably
until 17 May 1990, when you received nonjudicial punishment (NUP)
for being in an unauthorized absence (UA) status for 30 days. On
16 October 1991, you received NUP for being UA one Gay. Gn. 8
November 1991, you received NUP for being UA an unknown amount of
time. On 10 January 1992, you received NUP for being UA nine
hours, and 35 minutes. On 10 June 1992, you received NUP for
wrongfully using cocaine. On 10 June 1992, administrative
separation action was initiated by reason of misconduct for drug
abuse (use). You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 15 June 1992, your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions by reason of misconduct for drug abuse
(use). On 26 June 1992, the discharge authority directed an OTH
discharge by reason of misconduct for drug abuse (use). On
30 June 1992, you were so discharged. At that time you 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, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of five NUP’s for misconduct
and drug abuse. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
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 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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