DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8762-10
18 May 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 17 May 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 reenlisted in the Navy on 20 December 1989 after more than
five years of honorable service. You received nonjudicial
punishment for the wrongful use of cocaine. You were notified
that your commanding officer was recommending you for
administrative separation with a conditions other than
honorable (OTH) discharge due to misconduct (drug abuse - use).
You exercised your procedural right to have your case heard by
an administrative discharge board (ADB). At your ADB, you
admitted that you had used cocaine, it found that you had
committed misconduct (drug abuse - use), and recommended that
you receive an OTH characterization of service. The separation
authority agreed with the ADB’s finding and recommendation, and
on 9 July 1993, you received the OTH discharge due to
misconduct (drug abuse - use), and were assigned an RE-4 (not
recommended for reenlistment) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
prior honorable service. However, the Board concluded that
your discharge should not be changed due to your 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.
Tt 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,
Wand, fa
ROBERT D. ZSALMAN
Deputy Executive Director
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