DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 9591-10
12 November 2010
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 10 November 2010. 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.
The Board found that you reenlisted in the Navy on 22 June 1990.
On 10 December 1992 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to drug abuse.
When informed of that recommendation, you waived the right to
present your case to an administrative discharge board. After
review by the discharge authority, the recommendation for
separation was approved and on 23 June 1993 you were separated by
reason of misconduct with a discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service as well as your unsubstantiated contention that
your discharge was inequitable because it was an isolated
incident. The Board concluded that those factors in your case
are insufficient to warrant upgrade of your discharge, given your
use of illegal drugs. 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, whén applying for a correction of an official naval
frecord, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Lo Yea
W. DEAN PFEIF
Executive Dire
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