DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 07310-10
27 April 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 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
injustice.
You entered active duty in the Navy on 17 June 1985, and served
without disciplinary incident until 19 August 1986, when you
received nonjudicial punishment (NJP) for an unauthorized absence
(UA) totaling 19 days, and missing ship’s movement. Shortly
thereafter, on 11 December 1986, you received another NJP for the
illegal use of a controlled substance (cocaine). Although you
were offered and accepted drug rehabilitation treatment, you went
UA while in treatment. Therefore, you were then notified that
you were being recommended for separation with an other than
honorable (OTH) discharge due to misconduct (drug abuse). You
waived all of your procedural rights, to include your right tm an
administrative discharge board (ADB). The separation authority
approved the recommendation. Therefore, on 26 December 1986, you
were separated with an OTH discharge and an RE-4 reenlistment
code due to misconduct (drug abuse).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
due to your drug abuse and other misconduct. The Board noted
that you waived your right to an ADB, your best opportunity 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.
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,
WD Den
W. DEAN PFE
Executive Di
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