DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 05790-10
10 Mareh 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 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 21 December 1984 after more than
two years of honorable service. On 6 March 1987, you received
nonjudicial punishment (NUP) for the wrongful use of cocaine. On
19 March 1987, administrative separation action was initiated by
reason of misconduct for drug abuse. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct (drug
abuse). The discharge authority directed an OTH discharge by
reason of misconduct for drug abuse. On 19 May 1987, you
received the OTH discharge due to misconduct (drug abuse). 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 prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge, given your record of NUP for 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, itis important to keep in mind that a
pyesumption gf reghlarity attaches to all official records.
Cénsequently, when applying for a correction of an official naval
record, the burden is Sn the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\ un
W. DEAN death
Executive chor
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