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NAVY | BCNR | CY2010 | 09209-10
Original file (09209-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Docket No: 9209-10
3 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 3 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 entered active duty in the Navy on 26 June 1986. You were
convicted at a summary court-martial of wrongful use of
marijuana. Your record is incomplete, however, it appears that
you continued to use illegal drugs, but no additional
disciplinary action was taken. You were then notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) characterization
of service due to misconduct (drug abuse - use). You waived
your procedural right to an administrative discharge board
(ADB). On 27 August 1987, you received an OTH characterization
of service due to misconduct (drug abuse - use), and were
assigned an RE-4 (not recommended for retention) reenlistment
code.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
allegation that you were promised a general characterization of
service. However, the Board concluded that your discharge
should not be changed due to your drug abuse. The Board found
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. You are
advised that no discharge is upgraded automatically due solely
to the passage of time or post service good conduct. The Board
noted that there is no evidence in the record to support your
allegation, and you provided no such evidence. 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.

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,

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