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NAVY | BCNR | CY2010 | 05128-10
Original file (05128-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON Dc 20370-5100 REC
Docket No: 05128-10

10 February 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 9 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 22 March 1986, and began a period of
active duty on 25 July 1986, at age 22. On 18 December 1986, you
received nonjudicial punishment (NOP) for being drunk on duty.

On 29 December 1986, you were enrolled in a drug and alcohol
rehabilitation program. On 22 August 1988, you received NJP for
the wrongful use of marijuana. On 3 February 1989, you received
NJP for provoking speeches or gestures. You were advised that
your commanding officer was recommending you for administrative
separation with an other than honorable discharge due to
misconduct. On 23 March 1989, 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. You continued your misconduct and on 28 April 1989,
you received your forth NUP for wrongful use of a controlled
substance. On 9 May 1989, your commanding officer concurred with
the ADB's finding and recommended that you be discharged with an
OTH characterization by reason of misconduct (drug abuse).
However, on 9 July 1989, the discharge authority directed an OTH
characterization by reason of misconduct. On 9 August 1989, 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of four
NIJP’s for misconduct and drug abuse. In this regard, an RE-4
reenlistment code is required when an individual is discharged
for misconduct and is not recommended for retention.

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,

   
   
 

W. DEAN P
Executive

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