DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 10600-1090
26 July 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 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 enlisted in the Navy on 23 June 1992, and began a period of
active duty. On 17 May 1995, you received nonjudicial punishment
(NOP) for the wrongful use of a controlled substance (marijuana).
On 17 May 1995, 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). On 19 June
1995, your commanding officer forwarded his recommendation that
you be discharged under other than honorable conditions (OTH) by
-eason of misconduct for drug abuse (use). On 26 July 1995, the
discharge authority directed an OTH discharge by reason of
misconduct for drug abuse (use). On 15 August 1995, you were so
discharged.
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 one NJP for drug abuse.
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,
Vo canbe.
W. DEAN PFERIURF
Executive Diwectodr
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