DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 09088-10
6 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 4 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 15 September 1983, and began a period
of active duty on 13 February 1984, at age 21. On 3 duly 1985,
you received a civilian conviction of driving a motor vehicle
with excess alcohol on your breath. On 28 November 1986, you
received nonjudicial punishment (NIP) for the wrongful possession
and use of marijuana. On 10 December 1986, administrative
separation action was initiated by reason of misconduct for drug
abuse. On 4 February 1987, your case was heard by an
administrative discharge board (ADB), which voted three to zero
in favor of an other than honorable (OTH) discharge due to
misconduct (drug abuse). Your commanding officer concurred with
the ADB’s finding and recommended that you receive an OTH
discharge by reason of misconduct (drug abuse). On 30 March
1987, you received the OTH due to misconduct (drug abuse). At
that time you were assigned an 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 civil conviction and one
NJP for drug abuse. 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,
Ip Nase
Executive
F]
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