DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9630-10
25 October 2010
nas
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 6 October 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 23 March 1990.
On 27 December 1991 you received nonjudicial punishment for
wrongful use of cocaine.
On 27 February 1993 an administrative discharge board recommended
that you be separated from the Navy with a discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. After review by the discharge guthority, the
recommendation for separation was approved and on 30 June 1992
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, as well as your unsubstantiated contention that you were
using a prescription drug which altered your decision making
process and caused your misconduct. The Board concluded that
those factors in your case are insufficient to warrant an upgrade
of your discharge, given your drug use. 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.
i 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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