DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08318-10
21 April 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 20 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 enlisted in the Navy on 9 May 1987, and began a period of
active duty on 19 May 1987, at age 22. On 2 May 1988, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status For four days. On 7 March 1989,
you received NUP for being UA nine days, and wrongful use of
marijuana and cocaine. On 7 March 1989, administrative
separation action was initiated by reason of misconduct for drug
abuse (use). 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 for drug abuse (use).
On 14 March 1989, the discharge authority directed an OTH
discharge by reason of misconduct for drug abuse (use). On 30
March 1989, you were So discharged. At that time you were
assigned ari RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge, given your record of two NJP’s for misconduct
and drug abuse (use). 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
ifavorable 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,
\S
W. DEAN
Executive
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