DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 11479-10
27 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 26 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 2 July
1991. You received nonjudicial punishment on two occasions for
assaulting another Sailor and wrongful use of cocaine. You
were medically evaluated for drug dependence and found not to
be dependent. You were then notified that your commanding
officer was recommending you for administrative separation with
an under other than honorable (OTH) conditions characterization
of service due to misconduct (drug abuse). You waived your
procedural right to an administrative discharge board (ADB).
On 19 October 1992, you received an OTH characterization of
service due to misconduct (drug abuse), and were assigned an
RE-4 (not recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
mental health issues. However, the Board concluded that your
discharge should not be changed due to your acts of misconduct.
The Board found that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due solely to the passage of time or post service
good conduct. In view of the above, 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,
Lean
W. DEAN PFE E
Executive Dave r
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