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NAVY | BCNR | CY2010 | 10085-10
Original file (10085-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

REC
Docket No: 10085-10
21 July 2011

 

This ig 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 20 July 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 reenlisted in the Navy on 21 February 1989, after more than
two years of honorable service. On 23 February 1989, you
acknowledged the Navy’s zero tolerance policy on drug use. On 30
May 1991, you received nonjudicial punishment (NUJP) for the
wrongful use of marijuana, and being in an unauthorized absence
(UA) status for 26 days. On 3 June 1991, administrative
separation action was initiated by reason of misconduct for drug
abuse (use). You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
(OTH) conditions by reason of misconduct (drug use). The
discharge authority directed an OTH discharge by reason of
‘misconduct for drug abuse (use). On 3 July 1991, you received
the under other than honorable (OTH) conditions discharge 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 prior
honorable service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge, given your record of NUP for drug abuse and
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a more favorable
characterization of service. 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,

\y

W. DEAN P .
Executive Birector

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