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NAVY | BCNR | CY2010 | 08155-10
Original file (08155-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 8155-10
31 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 30 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.

The Board found that you enlisted in the Navy on 13 March 1991.
You received nonjudicial punishment on two occasions for offenses
that included assault and wrongful use of cocaine.

On 21 June 1994 an administrative discharge board recommended
that you be separated from the Navy with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. After review by the discharge authority, the
recommendation for separation was approved and on 12 September
1994 you were separated by reason of misconduct with a discharge
under other than honorable conditions.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and family
problems. The Board concluded that those factors in your case
are insufficient to warrant an upgrade of your discharge, given
your drug use. 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,

. DEAN PF

Executive Dir

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