DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 7105-10
22 March 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 22 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 26 January 1988. You
received nonjudicial punishment on three occasions for
wrongfully drinking alcoholic beverages under the age of 21,
failure to obey a lawful order (three specifications), and
wrongful use of cocaine. You were then notified of pending
administrative separation processing with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
elected to have your case heard by an administrative discharge
board (ADB) that found you had committed misconduct (drug
abuse), and recommended an OTH due to misconduct (drug abuse).
Your commanding officer concurred with the ADB’s finding and
recommendation. You received the OTH discharge due to
misconduct (drug abuse) on 4 April 1990, and were assigned an
RE-4 (not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth,
admitted marijuana abuse, and post service good conduct.
However, the Board concluded that your discharge should not be
changed due to your acts of misconduct and drug abuse. You are
advised that no discharge is upgraded due merely to the passage
of time or post service good conduct. In view of the above,
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,
Leas
W. DEAN PFEI
Executive Dirgc
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