DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 04982-10
17 March 2011
en ATT.
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 15 March 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 reenlisted in the Navy on 22 January 1992, after four years
of honorable service. The Board found that you received
nonjudicial punishment for wrongful use of cocaine and marijuana.
You received a forfeiture of pay, restriction, extra duty, anda
reduction in paygrade. Subsequently, administrative discharge
action was initiated by reason of misconduct due to drug use.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 12 June 1992,
the ADB recommended separation with an other than honorable
discharge by reason of misconduct due to drug abuse. On 18 June
1992, your commanding officer concurred with the ADB’s findings
and forwarded his recommendation that you be discharged. On
10 July 192, the discharge authority directed an other than
honorable discharge by reason of misconduct due to drug abuse.
On 21 July 1992 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, post service accomplishments, and character
letters.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NUP for drug use. 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,
Ei
Executive Di
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