DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 11501-10
1 March 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 24 February 2011. Your allegations of error and
injustice were reviewed 4n 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 enlisted in the Navy on 10 May 1983. On
15 November 1984 you received nonjudicial punishment for
possession of drug paraphernalia and wrongful possession of a
controlled substance.
On 20 May 1985 your commanding officer 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 authority, the recommendation for
separation was approved and on 12 June 1985 you were separated by
reason of misconduct with 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 your discharge
was based on one isolated incident. The Board concluded that
those factors are insufficient to warrant the upgrade of your
discharge, given the serious nature of your misconduct.
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 ald. sEfigial records .
Consequently, when applying for a correction of an official naval
- record, the buden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEI
S
Executive Di
- tag
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