DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10642-10
8 August 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 August 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 5 May 1986. On 25 July 1986, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) on 16 July 1986. On 6 August 1986, you
received NIP for failing to go to your appointed place of duty on
19 occasions. On 28 July 1987, you received NUP for violating a
lawful general regulation, wrongfully introducing marijuana on
base, and wrongfully possessing a dangerous weapon, drug
paraphernalia, and Marijuana. On 3 August 1987, administrative
separation action was initiated by reason of misconduct for drug
abuse (possession). 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 abuse (possession).
On 14 August 1987, the aischarge authority directed an OTH
discharge by reason of misconduct for drug abuse (possession).
On 15 September 1987, you received the OTH discharge due to
migconduct-drug abuse (possession). 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
overall record. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge, given your record of three NJP's for drug abuse
(possession) 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.
Conseguently, 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,
DQaan’
W. DEAN PPECEF
Executive Dre iv
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