DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06529-10
21 Aprild, 2011
for correction of your
This is in reference to your application
£ title 10 of the United
naval record pursuant to the provisions o
States Code, section 1552.
RA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 April 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
danjustice ;
You enlisted in the Navy and began a period of active duty on
24 January 1986. The Board found that on 28 January 1986, you
were briefed on the Navy’s policy regarding drugs and alcohol
abuse. on 17 April 1987, you received nonjudicial punishment
(NJP) for two instances of unauthorized absence totaling 17 days
and wrongful possession of marijuana. You received a forfeiture
of pay, restriction, and extra duty. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to drug abuse. You waived your rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
concurred and directed an other than honorable discharge by
reason of misconduct due to drug abuse. On 6 May 1987, you were
so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP for drug abuse, and the fact that you were briefed
on the Navy policy regarding drug and alcohol abuse. Finally,
the Board noted that you waived the right to an ADB, your best
chance for retention or a better characterization of service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
JIt is.gegretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
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 PF
Executive D Oo
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