DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8491-10
28 April 2011
Po Daheciriet Miers
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 27 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 or
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
ifijustice.
You enlisted in the Navy and began a period of active duty on
13 February 1990 at age 31. On 30 March 1990 you were counseled
and warned to refrain from illegal drug and substance abuse after
a waiver was granted for your pre-service use of marijuana. On
6 July 1992, you received nonjudicial punishment (NUP) for the
wrongful use of cocaine. You were the subject of a medical
evaluation during which you stated in part that you used cocaine
from once a week to once a month for one and one half years. You
were diagnosed as being psychologically dependent. You were
notified of pending administrative discharge processing with an
other than honorable (OTH) discharge due to misconduct (drug
abuse). After consulting with legal counsel, you elected to
waive all of your procedural rights, including your right te an
administrative discharge board (ADB). On 7 August 1992, the
separation authority directed an OTH discharge by reason of
misconduct (drug abuse). On 27 August 1992 you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall last record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct. The
Board noted you waived the right to an ADB, your best opportunity
for retention or a better characterization of service. Finally,
no discharge is automatically upgraded due to passage of time or
an individual’s good behavior after discharge. 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,
F
Executive Di ¢
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